Backs up Diceys definition of parliamentary supremacy. A taxpayer refused to pay tax on the basis that the money would be used against the Geneva convention. The court dismissed the case showing that statute is the highest form of law.
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Thoburn V Sunderland City Council [2003] QB 151
Supports idea that a new law must explicitly state the previous act it wishes to repeal.
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Carltona v Commissioner of Works [1943] 2 ALL ER 500
Concerns the rule against delegation. Recognises that tasks may be delegated to responsible officials
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A & Others v Secretary of state for home department 2004 UKHL 56
Concerns article 5 ECHR. Prisoners claimed that there detention was unlawful. Court dismissed the appeal and issued a statement of incompatibility. Parliament then re legislated.
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Jennings criteria for the existence of conventions
1 - Is there a precedence for practice? How many? 2- Did those who acted believe that they were bound to act this way? 3 - Is there a good reason for forming the convention?
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Anisminic v Foreign compensation commission [1969]
Concerns Ouster clauses: any error of law made by a public body will make its decision a nullity. Statutory exclusion does not deprive the court from their jurisdiction in judicial review.
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R (On the application of Jackson) v Attorney general [2005]
The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.
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British Oxygen Company Ltd v Minister of tech 1971 AC619
Concerns 'fettering of discretion'. Where a policy is publicly known and applications are 'open' there is no claim.
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R v Secretary of state for transport ex p. factortame (no2) 1991 AC603
Posed the question as to whether Eu law is supreme over national law. The case confirmed the UK's subordination to EU law.
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Other cards in this set
Card 2
Front
Supports idea that a new law must explicitly state the previous act it wishes to repeal.
Back
Thoburn V Sunderland City Council [2003] QB 151
Card 3
Front
Concerns the rule against delegation. Recognises that tasks may be delegated to responsible officials
Back
Card 4
Front
Concerns article 5 ECHR. Prisoners claimed that there detention was unlawful. Court dismissed the appeal and issued a statement of incompatibility. Parliament then re legislated.
Back
Card 5
Front
1 - Is there a precedence for practice? How many? 2- Did those who acted believe that they were bound to act this way? 3 - Is there a good reason for forming the convention?
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