Constitutional Flashcards

Question

What is the ram doctrine?

Answer 1

Sometimes referred to as ‘Third Source Powers. Powers incidental to statutory and royal prerogative powers. Give government powers to carry on with ordinary business when not explicitly authorised by statute or RP

Answer 2

Arise out of previous practice. Duty bound to follow. If don’t, criticised. Examples Monarch will always give bill assent Circumstances when gov ministers must resign due to personal conduct UK parliament wont legislate on devolved matter without consent Monarch acts on advice of Prime Minister Gov ministers have seat in either HoC or HoL Monarch will appoint MPs on recommendation of PM

Answer 3

- Parliament has the right to make or unmake any law whatsoever - No person or body is recognised as having the right to override of set aside an Act of Parliament - No parliament can bind its successor

Answer 4

Ratification has no effect on domestic law, binding on UK in international law only. To have domestic effect, must be incorporated into Act Of Parliament

Answer 5

Courts will not question validity of legislation that has been passed and granted royal assent. If asked to consider validity, just check parliamentary roll to see if passed. Courts wonder consider process or irregularity.

Answer 6

No, any Parliament can repeal an Act expressly or impliedly. Expressly - say what’s repealed Impliedly - newer leg deals with same subject matter, if conflict new act given effect.

Answer 7

Rules which apply to members of HoL or HoC Statements said in Parliament cannot be challenged before courts Absolute freedom of speech in Parliament

Answer 8

- Fundamental rights give effect to it. Only parliament can interfere with these through an AoP authorising it. - HRA requires leg to be interpreted in a way which respects the human rights protected. - decisions of public authority’s can be reviewed by Judicial review

Answer 9

House of Commons - 659 elected MPs who represent constituencies. Belong to political parties. - speaker of HoC chosen by all MPs and maintains order and ensures comply with rules. Politically impartial. - General elections are elections to HoC. - no qualifications, must be over 18, cannot be from non-commonwealth country or member of HoL, cannot be member of judiciary (high court, CoA, Supreme Court), civil servants, member of armed forces, police or members of parliament outside of commonwealth. House of Lords - unelected, around 800 members. - hereditary peers - passed down, only 92 allowed to have seat - life peers - appointed by monarch on advice of PM, Barons, not passed down, majority - lord spiritual - most senior 26 bishops of CoE - law lords - appointed when HoL was highest appellant court in Uk. Replaced by Supreme Court

Answer 10

Held 25 working days after Parliament is dissolved.

Answer 11

Means Parliament has ended, no more legislation can be passed, all committee inquiries stop, all seats on HoC are vacated, no more MPs. Monarch summons new parliament to meet at Westminster after date of general election.

Answer 12

Dissolution and Calling of Parliaments Act 2022 - Parliament dissolved 5 years after date it first meets and can be dissolved earlier by Monarch exercising royal prerogative. Only happens after request from PM. PM usually requests in 4/5th year if have large majority. If PM loses vote of no confidence in HoC, expected to immediately request Monarch dissolves.

Answer 13

When seat in HoC becomes vacant through death or retirement, by election triggered in constituency to select new member

Answer 14

Recall of MPs Act 2015 If MP been: - convicted of an offence and sentenced to prison - suspended by HoC for 10 days for misconduct or - found guilty of providing false or misleading information in relation to expenses Speaker will notify constituency, triggers recall petition. If more than 10% of electorate signs, then by-election held. MP is ‘recalled’ back to consistency, if want to can contest the by election, they can.

Answer 15

Parliament can last for 5 years, split into sessions of around 12 months, starts around May. Starts with kings speech (monarch reads out speech prepared by gov outlining their proposals for the session).

Answer 16

Because a bill must pass HoC and HoL and receive royal assent before the end of the session in which it is introduced. Exception where HoC or HoL agreed to carry over into next session. In between session, Parliament can’t meet and all business suspended

Answer 17

Royal prerogative power which is exercised by the monarch on advice of PM. Ends session and begins new session of parliament. Open to abuse. Power has to be exercised reasonably. If not short gap, needs to be justified.

Answer 18

- Salisbury convention - if bill if implementing a manifesto commitment, then HoL will grant a second reading as a matter of course and will not otherwise block the legislation. Can make amendments however. - Suspensory veto under Parliamentary Acts 1911-1948. If HoL block legislation in one session of parliament which is reintroduced and passed by HoC in next and HoL block again, bill can be sent for Royal assent. HoL only have a suspensory veto. * Year needs to have elapsed between bill being granted 2nd reading in first session and being granted 3rd reading in second.

Answer 19

Secondary legislation = legislation made by government under authority of AoP. Used to implement policies or provide detailed regulations for a gov scheme to operate.

Answer 20

2 procedures: - Negative resolution procedure - draft of secondary leg laid before HoC & HoL. Takes effect on date stated in draft unless within 40 days of being laid, either house votes in favour of rejecting the secondary legislation. If no motion passed, becomes law. No amendments can be made to draft. - affirmative resolution procedure - draft laid before HoC & HoL both houses must expressly vote in favour of legislation for it to become effective. In HoC, leg can be debated in chamber or committee but no amendments can be made. Parliament Acts 1911/1949 don’t apply to secondary legislation, HoL can block it.

Answer 21

Powers granted to gov to amend primary legislation, ok for minor amendments, if used more broadly can be breach of separation of powers as lawmaking shifting from legislature to executive.

Answer 22

Yes, can be struck down by courts is goes beyond power granted to gov or breaches fundamental right or rule of law.

Answer 23

Freedom of speech in Parliament without fear of being sued. Sub judice rule - MPs and Peers don’t refer to cases which are currently before the court during debates. Exception - use of parliamentary debates (official records) to aid interpretation of legislation by court Should only refer to debate if: - legislation unclear, - there is a statement from minister which assists court - that statement is sufficiently clear

Answer 24

Head of state, representative of state at home and abroad. Head of armed forces, defender of the faith, head of Church of England, governance of self governing crown dependencies such as Channel Islands, head of state for commonwealth countries.

Answer 25

No, bill of rights 1689 made clear that Parliament not Crown was Sovereign. Parliament can exercise sovereignty to abolish any power by passing AoP. No new ones can be created, Gov must seek authority from Parliament though AoP

Answer 26

Statute. If act covers something previously done under royal prerogative, without expressly abolishing it, then act prevails

Answer 27

No, unless expressly stated or by necessary implication

Answer 28

Exercised by government ministers on behalf of the Crown. Monarch approves decisions made by ministers, sometimes non existent. - decision to grant pardon - decision to grant passport - power to acquire and cede territory - negotiation and ratification of international treaties. - diplomacy in general, recognising states, government relations, appointment of ambassadors etc - deployment and use of armed forces over sea - declaration of war - use of armed forces within UK to maintain peace and support police - PMs power to appoint and remove ministers from government - grant and revocation of passports - grant of pardons and power to stop criminal proceedings

Answer 29

Exercised by Monarch but heavily constrained - appointment of Prime Minister - power to dismiss government - power to prorogue Parliament - power to dissolve Parliament - granting royal assent

Answer 30

Archaic - right to mine precious metals - right to supervise and construct harbours - right to mint coinages - right of crown to claim ownership of sturgeon, dolphins and whales on certain parts of the Thames

Answer 31

Hears appeals from some Common wealth countries.

Answer 32

Ratification is prerogative power but subject to controls by Parliament under Constitutional Reform & Governance Act 2010. By statute: - Gov required to lay draft of treaty before Parliament. - Gov can ratify only if 21 days passed and neither Hoc or HoL voted to state that shouldn’t be ratified. If 21 days passes, can ratify. If either house votes against, Gov can explain why still wish to ratify, HoC then has further 21 days to vote stating that shouldn’t be ratified, if no vote held, Gov can ratify. HoL has no role. If exceptional case, Gov can bypass need to lay before parliament.

Answer 33

Monarch always acts on advice of ministers, in particular the Prime Minister even if disagrees. Must not make any public statement disagreeing. Monarch has right to be consulted, encourage and warn the government. Weekly meeting with PM.

Answer 34

Since Iraq war, government usually sought support of House of Commons before deploying armed forces

Answer 35

By convention, monarch must appoint the person who: - has support of majority of MPs in common. Leader of party with majority seats

Answer 36

Where election does not result in majority for 1 party - PM remained in office until clear lost confidence of HoC - monarch doesn’t get involved in deciding who is next PM - parties negotiate with eachother to agree deals - once agreement reached, if necessary PM resigns and monarch appoints the person who can command confidence of HoC

Answer 37

- Power to change organisation of government. Can abolish, merge or create new departments. - Responsible for civil service. - Weekly meeting with Monarch - Responsible for relationship with UK gov & devolved governments - Responsible for national security and intelligence - Responsible for decisions to deploy armed forces but usually only after contained suppose of HoC - Representing UK at international meetings.

Answer 38

Appointed by monarch on advice of PM. Senior ministers are heads of departments (secretary of states). Junior ministers appointed and lead divisions within department. Ministers must have seat in Hoc or HoL. If not member of HoC can be appointed to HoL as life peer

Answer 39

Prime minister Chancellor of exchequer Chief Secretary to the Treasury (Chancellors deputy) Secretaries of States who lead Gov departments Lord Chancellor and Secretary of State for justice Leader of HoC Leader of HoL Chief whip Role = make decisions of government collectively. Weekly meetings. Matters to go to cabinet: - decisions to take military action - determine legislative agenda - constitutional issues eg devolution - significant domestic policies and international affairs - national emergencies

Answer 40

Sit below main cabinet, subcommittees. All established by PM who also decided their membership. Allow for matters to be discussed without going to full Cabinet. Decisions made in Cabinet Committee have same authority as Cabinet decision.

Answer 41

Principle that when Parliament grants a power to the Secretary of State in an AoP, that power can be exercised by a civil servant within the SoS’s department

Answer 42

Main role = approve decisions made elsewhere: Functions - pass orders in council (form of legislation). Some are made under RP which makes them primary legislation, most granted under powers granted by statute so are a form of secondary legislations. Limited to specific issues - Approved texts of Royal Charters under RP. Appointments made for life by Monarch on advice of PM Meetings held in secret and require monarchs attendance.

Answer 43

2 aspects: 1) confidentiality - discussions within government regarding policy are confidential 2) unanimity - once decision reached through cabinet, all ministers must publicly support or resign

Answer 44

Yes on special occasions eg referendums.

Answer 45

Must take responsibility and account for operation and conduct of their department. - duty not to mislead Parliament. If they do by accident, must correct as soon as possible. If do on purpose, must resign. - must give account for actions of department. Must respond to criticism and concerns. Must respond to those in a way that ensures parliament will have confidence in minister and the government. - must take responsibility for actions of department, must personally take the blame. May result in resignation. - if policy failure - must take responsibility - if operational failure - must give account and take steps to ensure doesn’t reoccur. Private conduct - if falls short of expectations, if breach of ministerial code, eg conflict, should resign. If embarrassment, eg sex scandal should resign.

Answer 46

- PM Question time - PM answers questions from all political parties. Leader of opp can ask 6 questions. Mini debate. Once a week - Ministerial questions - MPs able to ask ministers questions from Gov department. Rota, questioned once every 5 weeks. Must relate to activities of department, can’t ask Qs about local authorities, monarch, affairs of other countries, devolved matters or cases in court. - Written questions can be asked at any time and department has 7 days to respond - Opposition business, 20 days allocated to opposition who can choose to debate policy area, and receive response from government. - Urgent questions - MPs can apply to speaker to ask questions that’s day. Speaker will agree if pressing matter of public interest and no other way for it to be debated. Minister has to respond and explains. Debate then follows - Select Committees - most strutiny. 2 types 1) departmental select committee than shadow gov department 2) other select committed cut across departments. Committed chose matter to investigate, questions ministers and other witnesses and invites expert evidence.

Answer 47

No, UK parliament has legislated that permanent parts of constitutions. Not abolished unless people of Scotland or Wales vote in favour of abolition at referendum. To reserve devolution, need vote of parliament and referendum.

Answer 48

Devolution in NI formed as part of Good Friday agreement - 1998z international treaty between UK and ROI and agreement between NI leaders. Under Good Friday agreement, Assembly and Executive will govern NI. If majority in NI who want to join ROI, referendum can be held giving them the choice to remain part of UK or join ROI

Answer 49

If UK Parliament is going to legislate on a devolved matter, consent of the devolved nation will be needed via a legislative consent motion. If refuses, UK Parliament can still technically pass it.

Answer 50

Courts in that nation can refer matter to Supreme Court for a decision.

Answer 51

Northern Ireland - Advocate general - Attorney general Scotland - Lord Advocate - Advocate General - Attorney General Wales - Counsel General - Attorney General

Answer 52

Method by which courts can review actions and decisions of executive. Maintaining rule of law. 1) whether application meets requirements? 2) whether ground established? 3) what is appropriate remedy?

Answer 53

Claim must be against public body - Secretary of State and government departments - Local government - Agencies set up by government by statute or under royal prerogative If contract exists, better regulated by private not public laws Time limit Promptly but within 3 months from after issue arises If planning decision, 6 weeks from date of decision

Answer 54

Pre action protocol should be followed. LBA should be sent and defendant respond in 14 days. 2 stages 1) permission stage, C applies to court for permission to continue claim. Decided on papers but may have a hearing. 2) If permission granted goes to 2nd stage, full hearing.

Answer 55

Where the court believes that even if the claim is successful, highly likely that outcome wouldn’t be substantially different. May have valid argument but outcome from JR wouldn’t be substantially different.

Answer 56

- where there is a contract - hypothetical situation - cannot resolve factual disputes, only legal.

Answer 57

Claimant must have sufficient interest in issues. Reviewed at permission stage. If no standing, court will reject, if not obvious, court should decide at full hearing. Groups of people who lack standing do not gain it by forming association but group/association may have standing if: - responsible - well resources - has expertise - and/or unlikely to be an alternative claimant

Answer 58

1) illegality 2) procedural impropriety 3) unreasonableness 4) breach of legitimate expectations C Must establish one of these grounds to be successful.

Answer 59

Decision maker must understand law correctly and give effect to it. Acted under error of law - ouster clauses interpreted restrictively meaning that no legally valid decision can be questioned but courts can determine whether decision made lawfully Failure to comply with specific legal duty - Eg public sector quality duty, requires that authorities take into account quality considerations when making decision. Need to show due regard to: eliminating discrimination, advancing equality and removing or minimising disadvantages. Unlawful delegation of power to another - power delegated can’t be delegated again without AoP saying it can. Took into account irrelevant considerations/failure to take into account relevant consideration - that when exercising a power, public authority required to only take into account relevant considerations and not irrelevant ones. What’s relevant depends on act granting power. Ultra vires - acting outside powers, matter of statutory interpretation.

Answer 60

Focused on way decision made and process followed. Failure to follow mandatory requirements - may be laid down in legislation eg must or shall - may result in decision being invalidated. - failure to follow discretionary requirement may not result in being valid. Failure of common law right to be heard - when a right is removed from a person they should be given opportunity to hear case against them and respond. Can be constrained in application case as seeking to acquire a right. Failure of common law right to unbiased decision maker - actual bias is present when decision made and actually motivated by bias, hard to prove. - automatic disqualification rule. If decision maker has financial interest, automatically disqualified from hearing. If non financial interest and closely connected to issues, also disqualified. - apparent bias is broader and covers situations which don’t fall into above. Test = whether fair minded and informed observer informed of facts would conclude that there was a real possibility of bias. Looks at what it looks like to others, even if not bias. Failure of duty to consult - no general common law duty to consult. But may arise where: - statutory duty to consult - promise to consult - established practice of consultation and - exceptionally, where failure to consult would lead to unfairness. Failure of duty to give reasons - no general duty to give reasons. However: - where subject matter or interest is important, fairness requires reasons and - if decision appears to be aberrant, fairness may require reasons to be given so person affected can decide if can challenge.

Answer 61

Can arise where public body given rise to belief that power will be exercised in certain manner. Can be due to: 1) promise or assurance or 2) previous action by public body Court may require that public body bound by legitimate expectation and required to give effect to it. Could be people be consulted or policy being made available. Decision invalid if breached. Previous action - can give rise to legitimate expectation Substantive legitimate expectation - exceptionally, court are willing to give effect to substantive legitimate expectation if promise made is particularly important and only made to small number of people.

Answer 62

Decision considered to be so outrageous or absurd that outside power of decision maker and cannot be considered lawful. Test for unreasonableness: - decision must be so outrageous in its defiance of logic or accepted moral standards that no sensible person who applied their mind to the question could have arrived at it

Answer 63

It isn’t, to high and broad. Proportionality test applied, 3 part test. 1 - is the object of policy sufficiently important to justify limiting a fundamental right? 2 - are measures designed to meet legislative objective rationally connected to it? And 3 - is the interference with the right no more than necessary to accomplish the objective?

Answer 64

Quashing order - renders decision void. New decision needed. Mandatory order - requires D to act in a particular manner Prohibiting order - orders D not to act in a particular manner Injunction - prevents party acting in certain manner or requires them to act according to instructions of court Declaration - declares that decision or action was unlawful May be combined and are discretionary.

Answer 65

Outlines convention rights and incorporates into UK law.

Answer 66

Absolute - cannot be limited by state Eg Art 2 right to life, Art 3 prohibition of torture, Art 4, prohibition of slavery, Art 7 prohibition on retrospective criminal offences Limited - can be limited but only in accordance with article itself Eg Art 5 right to liberty and security, Art 6 right to fair trial Qualified - can be limited by state in order to pursue legitimate interest as outlined in article. Eg Art 8 right to private and family life, Art 9 freedom of thought & religion, Art 10 freedom of expression, Art 11 freedom of assembly and association, Article 14 freedom from discrimination,

Answer 67

Must be law allowing qualification. Legitimate aim, necessary and proportionate. Restriction must be necessary and proportionate. 3 part test: 1) is the object of policy and legitimate aim pursued sufficiently important to justify limiting a fundamental right? Examples of legitimate aim - maintaining judiciary authority, prevention of crime, national security, protection of others, moral reasons 2) is the measure designed to meet the objective and rationally connected to it? 3) is the interference with the right no more than necessary to accomplish objective? 4) is the measure reasonable and balanced in all the circumstances given the competing needs of individual and wider community?

Answer 68

More politically controversial the issue, more likely the courts when applying proportionality test will defer to government and parliament. Court recognised that decision maker will likely have had more information available to them at time of making decision than the court do. Greater level of deference shown likely in case which involves national security, if greater level shown, less argument and evidence needed to show proportionate

Answer 69

Public authority may argue they are entitled to discretion (margin of appreciation) over to what extent right can be restricted. Applies when seeks to limit qualified right as part of legitimate purpose - if consensus amongst states, narrow margin. Will conduct full and detailed review of interference. - if no consensus, margin likely to be broader and more discretion given.

Answer 70

States can derogate from most articles, means no longer required to comply. Cannot derogate from: - article 2, right to life, -article 3, prohibition of torture - article 4(1) prohibition of slavery - article 7 prohibition of retrospective criminal offences Can derogate in event of war or public emergency. Only to extent strictly necessary required by situation. S14 HRA can issue derogation.

Answer 71

Interpretation of convention rights. When court dealing with a case that involves convention right, court must take into account any ECHR judgement. If clear line of authority, expected to follow. Mirror principle.

Answer 72

Requires all courts to, so far as possible, interpret legislation in a way that is compatible with convention rights, as interpreted by ECHR. Allows courts to depart from basic language

Answer 73

If not possible to interpret AoP or secondary legislation in a way that complies with convention rights, court can make declaration of incompatibility. Doesn’t make invalid, signal to reconsider.

Answer 74

Can be repealed or amended by normal procedure. But can be slow. S10 provides for 2 fast track procedures. 1) non urgent matters - remedial order becomes law following approval of HoL & HoC after 60 days of being published and presented to both houses. - draft becomes law if approved by both houses after 60 days 2) urgent matters - if viewed as urgent, remedial order can be made immediately, must then be laid before Parliament and will cease to have effect if within 120 days, either house hasn’t passed a resolution approving the order.

Answer 75

Makes it unlawful for public authority to act in a way that is incompatible with convention right. Duty. Extra statutory ground of judicial review, if decisions of public body, can be challenged on basis of breach of human right. Can bring claim under s7. HoL & HoC expressly excluded. Exception - If public authority couldn’t have acted any differently without violating the law as laid down in AoP, acts of public authority can’t be found unlawful if legislation cannot be read in a way that’s compatible with convention rights. In this situation, declaration of incompatibility usually issued.

Answer 76

Sets out procedure for claim under s6. - can only be bought by victim of unlawful conduct. Narrower than sufficient interest. No representative standing. - claim under s6 must be brought within 1 year of act complained of

Answer 77

Remedies - court can grant a remedy that’s within powers and considers just and appropriate. - discretionary remedies. - if court has power to award damages thinks power to award damages for a claim under s6.

Answer 78

Freedoms and rights contained in convention shall be achieved without discrimination on grounds of sex, race, nationality, origin, colour, language, political views, religion, birth, property or other status. Other status can include sexual orientation, marital status, asylum seeker status. Limited protection as claim under article 14 can only be brought if attached to breach of another convention right. Cannot being free standing claim. Narrow margin of appreciation granted.

Answer 79

Act protects against discrimination based on sex, sexual orientation, gender reassignment, race, disability, religion or belief, age, marital status, pregnancy or maternity. Freestanding claim can be made under EA 2010. In employment context, person clarified as worker can bring claim against employer or organisation. Includes private employers.

Answer 80

Direct discrimination Indirect discrimination Harassment Victimisation

Answer 81

Under common law, police have duty to maintain ‘kings peace). Must ensure citizens go about ordinary business free from undue interference from other citizens.

Answer 82

Breach occurs when: - when a person is genuinely in fear of harm to themselves or to their property in their presence as a result of an assault, affray, riot or other disturbance - when harm has actually been done to a person, or to property in their presence or - when harm is likely to be done to a person or to property in their presence. Must be imminent Verbal insults insufficient, must be so serious that make someone believe imminent right of assault. Can take place in public or private premises

Answer 83

Police officer can take such steps as reasonable to terminate a breach or prevent a likely one occurring. Includes arresting person or forcing entry into private premises, or techniques to subside.

Answer 84

No, but person who breached peace may be subject to binding over order which requires person arrested to maintain the peace and keep good behaviour for a specified period of time

Answer 85

Advanced notice required it intended to achieve: - demonstrate support or opposition to the views or actions of a person or persons - publicise a cause or campaign - mark or commemorate an event

Answer 86

Must: - be given at least 6 clear working days (not including date notice given or date of profession) before proposed date of procession, if not possible, as soon as reasonably possible. - be delivered to police station located in area where it will be held and - specify date, time, route and name and address of organised Failure = offence and fine Exceptions for commonly or customarily held processions eg remembrance Sunday

Answer 87

On receiving notice, senior police officer (either CC or most senior officer present at match) can impose conditions if reasonable believe, considering time, place, circumstances, route that: - procession will result in serious public disorder, serious damage to property or serious disruption to life of community - purpose of procession is to intimidate others with view to compelling them to do or not do something they have a right to do or not do. - those taking part in procession are likely to generate such noise that may result of serious disruption to activities of an organisation, or have a significant impact on persons in the vicinity of a procession. Serious disruption = unable to reasonably carry on activities for prolonged period of time Serious impact on persons = result in alarm, distress, intimidation or harassment of persons of reasonable firmness with characteristics of persons in that vicinity.

Answer 88

Any condition that senior police officer thinks necessary to prevent disorder, damage, disruption, impact or intimidation May be route or excluding from public place

Answer 89

Included where procession make result in: - significant delay to delivery of time sensitive product to consumers or - prolonged disruption of access to any essential goods or services including supply of money, food, water, energy food, system of communication, place of worship, transport facility, educational institution, health services

Answer 90

Criminal offence to participate, organise, or entice anyone to breach condition imposed which they know or ought to have know has been impose. Defence if failure to comply arose from circumstances beyond their control

Answer 91

Yes if senior police officer thinks no conditions can prevent serious disorder, can apply to ban for up to max 3 months - if outside London, application made to local council - if inside London, application made to Home Secretary

Answer 92

Public assembly is assembly of 2 or more people in public place wholly or partially in the open air. If senior police officer believes that a public assembly: - being held or intended to be held may result in serious public disorder, serious damage to property or serious disruption to life of community or - was organised with the intention to intimidate others with a view to compelling them not to do an act they have a right to do, or to do an act they have no right to do. Can impose any condition thinks necessary to prevent but must be proportionate to aim.

Answer 93

If senior police officer reasonable believes, noise generated by persons taking part in it may result: - serious situation to the activities of an organisation or - have a significant impact on persons within the vicinity of the assembly Then they can impose directions necessary to prevent impact.

Answer 94

- 20 or more people - on land public have no or limited right of access to - which likely to be held without permission of occupier or exceed permission granted or any public right of access and - may result in serious disruption to life of the community, or cause significant damage to land, buildings or monuments of historic, architectural or scientific importance

Answer 95

Yes, if chief constable believes that one is likely to be held, can apply to council to ban. In London, application made to Home Secretary. Police have the power to stop anyone they reasonably believe to be on their way to a trespassory assembly which has been banned and direct them not to attend. Criminal office to participate or invite anyone else to participate in assembly if know it’s been banned.

Answer 96

State v state Individual v state but only if changed all options in UK Court. Must be victim and different significant disadvantage as a result. Must be brought to ECtHR within 4 months of UK’s courts decision.

Answer 97

Prohibits state from taking life and positive duty to protect. Not deporting someone to country where face execution. Duty placed on state to carry out full investigation where alleged breach and loss of life Absolute right. 2 exceptions, 1) must be absolutely necessary and 2) can only be taken to achieve one objective, defend someone from unlawful violence, effect lawful arrest or stop prisoner escaping or quell a riot. Honest believe that one of objectives being carried out and absolutely necessary valid, even if mistaken.

Answer 98

State prohibited from carrying out acts on someone and has duty to ensure citizens don’t do this by passing clears laws. Applies if real risk of being tortured etc if deported. Breach if deported.

Answer 99

Prohibition on slavery, service and forced labour. Certain forms of work aren’t breach eg, work done by convicted prisoners as part of sentence, emergency work, work that normal citizen does, conscription, jury service

Answer 100

Restriction not same as deprivation. Liberty can be deprived of lawfully - must be on lawful basis - must be necessary - length must be necessary - records must be kept If part of arrest, to be lawful must be: - reasonable suspicion of breach of law - reasons for arrest - prompt and fair trial

Answer 101

Right to fair trial Applies to criminal and civil. - must have access to court - independent and impartial judge - public trial - reasonably time - able to participate - illegally obtained evidence can’t be used - D innocent until proven guilty - right to be informed - time to prepare defence - right to legal assistance - right to silence

Answer 102

Prohibition on retrospective crime. - court can’t impose harsher sentenced that applicable.

Answer 103

Covers lots of things - once’s body - privacy - correspondence - sexuality - family life - home life

Answer 104

freedom of religions = absolute right way of showing it = qualified

Answer 105

- article 8, right to respect for private and family life - article 9, freedom of thought, conscience and religion - article 10, freedom of expression - article 11, freedom of peaceful assembly and association - article 12, right to marry - article 1, protocol 1, protection of property - article 2, provoked 1, right to education

Answer 106

- article 2, right to life - article 3, prohibition of torture - article 4, prohibition of slavery, servitude and forced labour - article 6, right to fair trial - article 7, prohibition on retrospective claims - article 9, freedom of religion/thought absolute - article 3, protocol 1, right to free elections - article 1, protect 13, abolition of death penalty

Answer 107

- article 5, right to liberty and security - article 6, right to trial being in public