Cases

Question 1

Indefinite detention of suspected international terrorists

Answer 1

A and others v Secretary of State for the Home Department (2004)

Question 2

Example of Parliament passing a law which conferred an exceptionally wide power on state officials

Answer 2

Inland Revenue Commissioners and Anothet v Rossminster Ltd and others (1980)

Question 3

Entick v Carrington (1765)

Answer 3

Case that demonstrates all of Dicey’s propositions regarding the rule of law:

1) the state tried unsuccessfully to use a power in the form of a warrant which had no legal origin. -> couldn’t lawfully negate the common law right not to be trespassed against without lawful justification
2) the state was held to account according to the ordinary law before the ordinary courts
3) a court-based constitution: ordinary courts provided Entick with a practical remedy against the state in the law of trespass

Question 4

M v Home Office (1994)

Answer 4

Everyone is equal under the law

Question 5

Example of everyone is equal under the law

Answer 5

M v Home Office (1994)

Question 6

Anderson v Gorries (1895)

Answer 6

Judges are not liable for anything said while carrying out their judicial function
-> protection of judicial independence

Question 7

Case that demonstrates Dicey’s propositions of rule of law

Answer 7

Entick v Carrington (1765)

Question 8

Prospective legislation instead of retrospective

Answer 8

Waddington v Miah (1974)

Question 9

Waddington v Miah (1974)

Answer 9

Prospective legislation instead of retrospective (HUOM: WAR CRIMES ACT 1991 which is clearly retrospective)

Question 10

Principle of legality

Answer 10

Ex parte Simms and another (1999)

Question 11

Ex parte Simms and another (1999)

Answer 11

The principle of legality