Cases

Question 1

What rule of justice emerged from R v Benn and Church, 1795

Answer 1

‘audi alteram partem’ - ‘it is contrary to the spirit of our laws that anyone should be convicted without having an opportunity of being heard in their own defence’

Question 2

What principle was accepted in British Railways Board v Pickin [1974] AC 765

Answer 2

that Acts of Parliament are immune from challenge in the courts - “If an Act of Parliament has been obtained improperly, it is for the legislature to correct it by repealing it: but, so long as it exists as law, the courts are bound to obey it.”

Question 3

In which case did the court declare that constitutional legislation is immune from implied repeal (though not express repeal)?

Answer 3

Thoburn v Sunderland City Council [2002] EWHC 195 (Admin) [2003] QB 151

Question 4

In which case was “justice should not only be done, but should manifestly and undoubtedly be seen to be done” stated?

Answer 4

R v Sussex Justices, ex parte McCarthy [1924]