Constitutional and EU Law Flashcards
1
Q
Describe the role of a constitution in a state.
A
A constitution establishes the fundamental rules and principles governing a state, defines its political principles, sets up the framework for government, and guarantees certain rights and freedoms to its citizens.
2
Q
How does a political constitution influence the organization of a state?
A
A political constitution influences the organization of a state by outlining the structure of government, detailing the powers and duties of its branches, and reflecting the key political ideas and values important to society.
3
Q
Describe the nature of the UK constitution in terms of its unitary structure.
A
The UK constitution is unitary, meaning that the Parliament at Westminster is the supreme law-making body, and other law-making bodies, like the Scottish Parliament, derive their powers from Westminster.
4
Q
Define the difference between a rigid and a flexible constitution.
A
A rigid constitution is entrenched and can only be changed through a special procedure, while a flexible constitution can be changed more easily without special procedures.
5
Q
Describe the principle of clarity in laws.
A
Laws should be set out clearly and be accessible, ensuring that citizens are only punished for clearly defined breaches of the law.
6
Q
How does the principle of equality before the law manifest in a legal system?
A
All citizens should have equal access to the legal process for redress of grievances, and the law should treat all persons equally, without special exemptions for government officials.
7
Q
Describe the four principal sources of the UK constitution.
A
The four principal sources of the UK constitution are: (a) Acts of Parliament, (b) case law, (c) the royal prerogative, and (d) constitutional conventions.
8
Q
Define the significance of the Magna Carta in the context of the UK constitution.
A
The Magna Carta, signed in 1215, is significant as it was the first assertion of limits on the powers of the Monarch and guaranteed certain rights to individuals, establishing the principle that government must operate according to the law and with the consent of the governed.
9
Q
Describe the main changes introduced by the Constitutional Reform Act 2005.
A
The Constitutional Reform Act 2005 reformed the office of Lord Chancellor by transferring its powers to the Lord Chief Justice, allowed the House of Lords to elect its own Speaker, established a Supreme Court to replace the Appellate Committee of the House of Lords, and created the Judicial Appointments Commission to oversee the appointment of judges.
10
Q
How did the European Union (Withdrawal) Act 2018 impact UK law?
A
The European Union (Withdrawal) Act 2018 facilitated the UK’s departure from the EU by repealing the European Communities Act 1972, ending the supremacy of EU law in the UK, and introducing the concept of retained EU law into the UK legal system.
11
Q
Describe the significance of habeas corpus in relation to individual liberty.
A
Habeas corpus is a legal remedy that allows individuals detained by the state to challenge the legality of their detention before a court, originally developed through common law and now strengthened by statute.
12
Q
Define the right to a fair hearing and its constitutional importance.
A
The right to a fair hearing is a fundamental constitutional principle emphasized by the courts, ensuring that legal disputes are resolved justly, and is also enshrined in Article 6 of the European Convention on Human Rights, which is part of UK law following the Human Rights Act 1998.
13
Q
Describe the role of the Monarch in the exercise of prerogative powers in the UK.
A
The Monarch is legally responsible for the exercise of prerogative powers, but these powers are typically exercised by the Prime Minister and other government ministers on the Monarch’s behalf, following convention.
14
Q
How does Parliament influence the Government’s exercise of prerogative powers?
A
Parliament influences the Government’s exercise of prerogative powers by controlling the allocation of funds; the Government’s ability to spend money for these powers depends on Parliament’s willingness to vote to provide the necessary funds.
15
Q
Describe the difference between constitutional conventions and laws.
A
Constitutional conventions are non-legal rules that are not enforceable by the courts, whereas laws are legal rules that can be enforced by the judicial system.
16
Q
How did the Supreme Court address the enforceability of constitutional conventions in Miller (No 1)?
A
The Supreme Court reaffirmed that constitutional conventions operate solely in the political sphere and are not enforceable by the courts, emphasizing that referencing conventions in statute does not convert them into legal rules.
17
Q
Describe the concept of collective cabinet responsibility in the context of government accountability.
A
Collective cabinet responsibility is a constitutional convention where the cabinet is collectively accountable to Parliament for the government’s actions. The government must maintain the confidence of the House of Commons, and if it loses a vote of confidence, it is required to resign.
18
Q
How does personal conduct influence ministerial resignations compared to departmental failings?
A
Ministerial resignations due to personal conduct are more common than those related to departmental failings. An example is Priti Patel’s resignation in November 2017 as International Development Secretary for holding unauthorized meetings with Israeli officials.
19
Q
Describe the role of the Monarch in the UK government according to constitutional conventions.
A
The Monarch plays no active role in government matters and exercises legal powers on behalf of the elected government. The Monarch appoints and dismisses government ministers based on the advice of the Prime Minister.
20
Q
How does the Monarch respond to bills passed by the House of Commons and the House of Lords?
A
The Monarch, acting on the advice of the Prime Minister, will not refuse Royal Assent to a bill that has been passed by both Houses. The last refusal of Royal Assent occurred in 1707.
21
Q
Describe the relationship between statutory power and royal prerogative as established in the De Keyser case.
A
The court held that statutory power could coexist with royal prerogative power, as long as they were not inconsistent. The prerogative would only be limited if it conflicted with statutory powers.
22
Q
How did the House of Lords approach the case of R v Secretary of State for the Home Department, ex p Fire Brigades Union?
A
The House of Lords took a similar approach to the De Keyser case, recognizing the coexistence of statutory and prerogative powers in the context of the criminal injury compensation scheme.
23
Q
Describe the main functions of Parliament in the UK.
A
Parliament’s main functions include scrutinising the work of the Government, passing legislation, debating key issues, approving funding for the Government’s duties, and providing personnel for the Government.
24
Q
How is legislation typically drafted in the UK Parliament?
A
Most legislation is drafted by the Government, and when Parliament passes legislation, its role is primarily one of formal enactment rather than initiating the law itself.
25
Describe the composition of the House of Lords after the House of Lords Act 1999.
The House of Lords is composed mainly of life peers appointed under the Life Peerages Act 1958, with up to 92 hereditary peers allowed to remain following the House of Lords Act 1999, which aimed to reform the upper House by reducing the number of hereditary peers.
26
How are life peers appointed to the House of Lords?
Life peers are appointed by the Monarch on the advice of the Prime Minister, who receives suggestions from a non-political Appointments Commission that proposes candidates from various professions, interests, and political affiliations.
27
Describe the effect of prorogation on pending business in Parliament.
Prorogation terminates all business pending at the end of a session, causing any public bills that have not passed into law to normally lapse, although some may be carried over to the next session with agreement.
28
Define public bills in the context of the legislative process.
Public bills are types of legislation that alter the general law, applying to the public as a whole, as opposed to private bills which only change the law for an individual or locality.
29
Describe the purpose of the committee stage in the legislative process.
The committee stage is intended to examine the bill in detail, allowing for amendments to be made to its clauses.
30
Define the composition of a general bill committee in the House of Commons.
A general bill committee consists of 16–50 members appointed by the Committee of Selection, reflecting the proportional representation of parties within the House.
31
Describe the role of the House of Lords in the legislative process.
The House of Lords acts as a revising chamber, using its expertise to suggest amendments to legislation rather than outright rejecting bills that align with the Government's manifesto, as per the Salisbury Convention.
32
How do the Parliament Acts of 1911 and 1949 affect the House of Lords' power?
The Parliament Acts of 1911 and 1949 limit the House of Lords' ability to block legislation, allowing the House of Commons to ultimately prevail and enabling bills to become law even if rejected by the Lords.
33
Describe the negative resolution procedure in the context of parliamentary scrutiny.
The negative resolution procedure requires the Government to annul a delegated legislation instrument if either House of Parliament passes a resolution rejecting it within a specified period, usually 40 days after it is laid before Parliament.
34
Define parliamentary sovereignty according to AV Dicey.
Parliamentary sovereignty, as defined by AV Dicey, means that Parliament has the right to make or unmake any law under the English constitution, signifying its supreme authority.
35
Describe the significance of the 'Enrolled Act' rule in relation to Acts of Parliament.
The 'Enrolled Act' rule signifies that once an Act of Parliament is entered onto the Parliamentary roll and has received Royal Assent, courts cannot question the procedures or irregularities that occurred during its passage through Parliament.
36
How did the House of Lords respond to the claim in Edinburgh & Dalkeith Railway Co v Wauchope regarding the enactment of a private Act?
The House of Lords dismissed the claim, stating that courts can only verify if a bill has passed both Houses and received Royal Assent, without inquiring into the procedural details of its introduction or progress.
37
Describe the significance of the Windsor Framework concluded in February 2023.
The Windsor Framework resolved the dispute regarding the Northern Ireland Protocol, leading the UK Government to withdraw proposed legislation that could have breached international law.
38
Define the legal principle established in the case of Madzimbamuto v Lardner-Burke.
The case established that statute may override constitutional conventions, as demonstrated by the UK Parliament's response to Southern Rhodesia's unilateral declaration of independence.
39
Describe the concept of parliamentary sovereignty in relation to the repeal of statutes.
Parliamentary sovereignty means that no Parliament may be bound by a predecessor or bind a successor, allowing for the doctrines of express and implied repeal to take effect.
40
How does implied repeal function when a later Act contradicts an earlier Act without expressly repealing it?
Implied repeal occurs when a later Act contradicts the contents of an earlier Act, rendering the earlier Act invalid even though it was not expressly repealed.
41
Describe the significance of the Scotland Act 1998 in the context of parliamentary sovereignty.
The Scotland Act 1998 established a Scottish Parliament and Executive, devolving legislative powers in areas such as health, education, and legal affairs to Scotland, while reserving other areas like foreign affairs and defense to the Westminster Parliament.
42
How did the Scotland Act 2016 enhance the status of the Scottish Parliament?
The Scotland Act 2016 made the Scottish Parliament and Government a permanent part of the UK's constitutional arrangements, required a referendum for their abolition, and established that the UK Parliament would not normally legislate on devolved matters without the Scottish Parliament's consent.
43
Describe the implications of Parliament enacting Acts of independence for former colonies.
Parliament can legally reverse Acts of independence, but it is politically and practically unlikely to do so. Even if such legislation were repealed, it would be unenforceable.
44
Define the doctrine of implied repeal in the context of parliamentary legislation.
The doctrine of implied repeal states that if a new Act of Parliament conflicts with an earlier Act, the new Act will implicitly repeal the earlier one to the extent of the inconsistency.
45
Describe the significance of the Scotland Act in relation to parliamentary sovereignty.
The Scotland Act is considered a fundamental constitutional statute, which implies that it cannot be impliedly repealed, highlighting the importance of certain statutes in maintaining parliamentary sovereignty.
46
How did the case R (HS2 Action Alliance Ltd) v Secretary of State for Transport challenge parliamentary procedures?
The case challenged the parliamentary process for the HS2 project, arguing that it did not comply with EU Directive 2011/92, which mandates public participation in major infrastructure decisions that impact the environment.
47
Describe the arguments in favor of the 'manner and form' theory in constitutional law.
Supporters argue that the Parliament Acts of 1911 and 1949 demonstrate that Parliament can change the legislative process, making it easier to pass laws without House of Lords approval. They contend that if Parliament can simplify legislation, it can also impose stricter requirements for future legislation, such as requiring a specified majority or a referendum for repeal.
48
How do the Parliament Acts support the 'manner and form' theory?
The Parliament Acts of 1911 and 1949 illustrate that Parliament has the authority to alter the legislative process, allowing legislation to pass without the House of Lords' consent in certain situations. This flexibility suggests that Parliament could also establish more stringent conditions for future legislation, reinforcing the 'manner and form' theory.
49
Describe the principle of parliamentary sovereignty as discussed by Lord Hope.
Lord Hope stated that a fundamental aspect of parliamentary sovereignty is that no Parliament can bind its successors, meaning that there are no mechanisms to entrench an Act of Parliament.
50
How do the Scotland Act 2016, Wales Act 2017, and Northern Ireland Act 1998 relate to parliamentary sovereignty?
These Acts attempt to impose manner and form requirements by necessitating a positive vote in a referendum in addition to an Act of Parliament for certain changes, such as the abolition of the Scottish Parliament or Northern Ireland's status within the UK.
51
Describe the significance of incorporating EU law and ECHR rights into domestic law in the UK.
Incorporating EU law and key ECHR rights into domestic law provided individuals with remedies under the EU treaties and the ECHR in UK courts, enhancing legal protections and access to justice.
52
Define the doctrine of supremacy of European Union law.
The doctrine of supremacy of European Union law establishes that EU law takes precedence over national laws of member states, ensuring uniform application and enforcement of EU regulations and directives.
53
Describe the role of the European Court of Justice (ECJ) in the development of EU Law.
The ECJ plays a significant role in the development of EU Law by issuing binding judgments that national courts of Member States must follow. Its case law has established important principles such as direct effect and state liability, contributing to the legal framework of the EU.
54
How does the ECJ approach its previous decisions in terms of legal certainty?
The ECJ adheres to the principle of legal certainty, meaning it generally does not depart from its previous decisions lightly, even though it is not formally bound by them. This approach helps maintain consistency and predictability in EU Law.
55
Describe the criteria for a provision of EU law to have direct effect.
For a provision of EU law to have direct effect, it must be sufficiently clear, precise, and unconditional, and must not require additional measures at either the national or EU level, known as the 'Van Gend criteria'.
56
Explain the UK's approach to EU law and parliamentary sovereignty.
The UK accepted the supremacy of EU law upon joining the EU, but this acceptance does not affect parliamentary sovereignty. Treaties are made by the UK Government and do not change the law on their own, as the UK operates under a 'dualist' system.
57
Describe the case of Pickstone v Freemans plc and its significance in the context of equal pay.
In Pickstone v Freemans plc, female employees claimed equal pay against their employer, arguing that their work as 'warehouse operatives' was of equal value to that of a male 'warehouse checker operative', despite being paid less. The case highlighted issues of sex discrimination and the limitations of UK regulations in implementing the Equal Pay Directive, leading to a ruling by the House of Lords.
58
How did the House of Lords interpret the Equal Pay Directive in the context of the Pickstone case?
The House of Lords interpreted the Equal Pay Directive as requiring equal pay for work of equal value, not just for the same work. This interpretation was crucial in addressing the sex discrimination claim made by the female employees, as it expanded the understanding of equal pay beyond direct comparisons.
59
Describe the implications of the Francovich case for individuals suffering loss due to the UK's failure to implement EU directives.
The Francovich case established that individuals could have a right of action against the UK government for damages if they suffered loss due to the failure to implement an EU directive, even if the directive itself could not be directly invoked against private employers.
60
How does the concept of 'vertical effect' apply to EU directives in the context of the Francovich case?
'Vertical effect' means that EU directives can only be enforced against state bodies, not private employers. In the Francovich case, this principle highlighted that individuals could seek damages from the government for failing to implement directives that would have conferred rights against private entities.
61
Describe the test applied in cases of indirect bias according to the House of Lords.
The test applied is whether a fair-minded and impartial observer would conclude that there had been a real possibility of bias.
62
How did the case R (Hasan) v Secretary of State for Trade and Industry influence the understanding of judicial review?
The case established that there is no general duty for public authorities to give reasons for administrative decisions, highlighting the limited scope of judicial review in this context.
63
Describe the general duty of public authorities regarding providing reasons for their decisions.
The law does not recognize a general duty for public authorities to provide reasons for their decisions, although exceptions exist when a decision appears 'aberrant' or completely wrong.
64
How does the right to a fair hearing apply in preliminary decisions?
The right to a fair hearing may not apply in certain situations, such as when a decision is merely preliminary, as illustrated in the case of Lewis v Heffer, where members were suspended without being heard.
65
Describe the common law right to a fair hearing.
The common law right to a fair hearing requires that an individual is given notice of the case against them and an opportunity to refute any evidence before any decision is made, such as revoking a license.
66
How did the case of R v Liverpool Corporation illustrate procedural legitimate expectation?
In R v Liverpool Corporation, the existing taxi licence holders were assured by the Liverpool City Council that they would be consulted before new licences were granted. When the council failed to consult them and granted new licences anyway, the Court of Appeal ruled that the taxi drivers had a legitimate expectation that the council would honor its promise.
67
Describe the concept of procedural legitimate expectation in judicial review.
Procedural legitimate expectation refers to the expectation that a decision-maker will follow a certain procedure or consult affected parties before making a decision, based on prior assurances or practices.
68
How does the Factory Approval Board determine whether to grant a license for a new factory?
The Board grants a license only if the applicant can demonstrate that health and safety training will be provided to all workers at the factory.
69
Describe the role of the Factory Approval Board under the Factory Safety Act 2021.
The Factory Approval Board is responsible for regulating health and safety matters in factories and granting licenses to individuals wishing to open new factories or continue operating existing ones.
70
How does the court assess the impact of bias in judicial decisions?
The court assesses bias not by determining if the decision was actually affected by bias, but by considering how the decision would appear to an observer.
71
Describe the conditions under which a party is entitled to a full oral hearing in legal cases.
A party is not entitled to a full oral hearing in every case; however, in 'forfeiture cases', a claimant can expect a more comprehensive hearing, which may include a full oral hearing. Regardless of the case type, every claimant is entitled to a fair and reasonable hearing.
72
How did the House of Lords' decision in R v Bow Street Metropolitan Stipendiary Magistrate and Others, ex p Pinochet Ugarte (No 2) impact the concept of sovereign immunity?
The House of Lords disagreed with the initial ruling that Augusto Pinochet was entitled to immunity as a former sovereign, thereby challenging the traditional understanding of sovereign immunity in cases of human rights violations.
73
Describe the significance of the House of Lords' ruling in the case of Dimes.
The House of Lords ruled that Lord Cottenham should have been disqualified from hearing the case due to having a direct interest in the outcome, establishing a precedent for judicial impartiality.
74
Define 'procedurally ultra vires' in the context of judicial review.
'Procedurally ultra vires' refers to a breach of procedural requirements that are essential for the validity of a decision, as outlined in the statutes that grant decision-making powers.
75
Describe the commonality among the complaints made by Claimants A, B, and C regarding the tribunal's decision.
All the complaints are procedural in nature, focusing on the steps leading to and the circumstances surrounding the tribunal’s decision, rather than the decision itself.
76
How can Herbert challenge the decision made by Redton Borough Council regarding parking restrictions?
Herbert can challenge the decision on the grounds of irrationality, arguing that the council's decision to ban parking on his driveway is unreasonable. Additionally, he may explore other grounds such as illegality, if the council exceeded its statutory powers or failed to follow proper procedures.
77
Describe the concept of irrationality in the context of administrative law.
Irrationality in administrative law refers to a decision made by a public authority that is so unreasonable that no reasonable authority would ever consider it. It is a ground for judicial review where the decision is challenged for being illogical or lacking a rational basis.
78
Define the 'Wednesbury Principle' and its significance in judicial review.
The 'Wednesbury Principle' originates from the case of Associated Provincial Picture Houses Ltd v Wednesbury Corporation, where it established a standard for assessing irrationality in administrative decisions. It signifies that a decision can be deemed irrational if it is so unreasonable that no reasonable authority would ever consider it.
79
Describe the concept of irrationality in judicial review.
Irrationality in judicial review refers to a ground for challenging decisions that are deemed to be extremely unreasonable, requiring a high degree of proof. This concept is rooted in the concern that courts should not judge the merits of a decision but rather assess whether it was made lawfully.
80
Define 'jurisdictional' errors of fact in the context of judicial review.
'Jurisdictional' errors of fact are specific factual mistakes that are reviewable by the courts, as illustrated in the case of R v Secretary of State for the Home Department, ex p Khawaja, where a central fact was incorrectly assessed by the Home Secretary.
81
Describe the type of claim that is appropriate for judicial review proceedings.
Claim 3, which involves an electricity company feeling it was not properly consulted regarding the Government's revision of its national power strategy, is appropriate for judicial review.
82
How did the Divisional Court view the role of the WDM in the context of judicial review?
The court emphasized the importance of the WDM's role, highlighting its expertise and prominence in promoting and protecting aid to developing nations.
83
Describe the five factors a court should consider when determining if a pressure group has standing to bring a judicial review claim.
1. The need to uphold the rule of law; 2. The importance of the issue raised; 3. The likely absence of any other responsible challenger; 4. The nature of the alleged breach of duty; 5. The role of the pressure group.
84
Define the requirement of 'sufficient interest' in judicial review claims.
The requirement of 'sufficient interest' means that a claimant must have a legitimate stake in the matter being challenged, as outlined in s 31(3) of the Senior Courts Act 1981, which is crucial for standing in judicial review.
85
Describe the significance of the case R (Tortoise Media Ltd) v Conservative and Unionist Party in relation to public functions.
The case established that the Conservative Party was not performing a public function when selecting a new leader mid-parliamentary term, as the appointment of a new Prime Minister is a prerogative power of the monarch.
86
How can protesters challenge a local authority byelaw in a trespassing case?
Protesters can assert that the byelaw is ultra vires as a defense against a trespassing claim, allowing them to challenge the validity of the byelaw within the context of their defense.
87
Describe the principle of procedural exclusivity in the context of judicial review.
The principle of procedural exclusivity, as established in O’Reilly v Mackman, dictates that individuals must pursue private law claims through appropriate private law channels rather than through judicial review, unless exceptions apply.
88
Define the concept of 'procedural exclusivity' in legal cases.
Procedural exclusivity refers to the principle that certain legal cases must be handled within specific procedural frameworks, typically separating public law from private law, unless exceptions apply.
89
Describe the significance of the judicial review procedure reform in 1978.
The reform aimed to remove defects in the old procedures, enhancing the efficiency and fairness of judicial review applications.
90
How does judicial review differ from other legal claims in the context of the examples provided?
Judicial review is specifically used to challenge the legality of decisions made by public bodies, as seen in Claim 3, while other claims, like those in Claims 1 and 2, involve private disputes or negligence that do not fall under judicial review.
91
Describe the role of public authorities in assessing factual disputes.
Public authorities develop expertise in assessing facts related to their daily operations, which helps prevent the courts from being overloaded with factual disputes arising from executive decisions.
92
Define the key grounds for judicial review as established by Lord Diplock.
The key grounds for judicial review established by Lord Diplock include illegality, irrationality, and procedural impropriety.
93
Describe the primary legislation that governs judicial review procedures in the UK.
Judicial review procedures in the UK are governed by primary legislation, specifically section 31 of the Senior Courts Act 1981, along with rules of court outlined in Part 54 of the Civil Procedure Rules (CPR).
94
How did Lord Woolf LCJ analyze the court's role in legitimate expectation cases?
Lord Woolf LCJ stated that the court may determine that a public authority is only required to consider its previous policy or representation, giving it appropriate weight in their decision-making process.
95
Describe a substantive legitimate expectation in the context of judicial review.
A substantive legitimate expectation occurs when a decision-maker leads someone to believe they will receive a benefit, as illustrated in the case of R v North and East Devon Health Authority, ex p Coughlan.
96
How does a court determine if a procedural requirement is mandatory or directory?
The court considers various factors, including the wording of the statute itself, but it is not the only factor taken into account.
97
Describe the outcome of the judicial review sought by parents regarding the changes in school delivery requirements.
The court found in favor of the Authority, determining that the non-compliance with section 13 was a breach of a merely directory requirement rather than a mandatory requirement.
98
How did Bates respond to the refusal of the consultation period extension by Lord Hailsham?
Bates sought judicial review of Lord Hailsham's refusal to extend the consultation period and requested an injunction to prevent the proposed order from being finalized.
99
Describe the role of Lord Hailsham in the context of the draft order for solicitors' payment.
Lord Hailsham, as the Lord Chancellor, published a draft order to change how solicitors were paid for conveyancing work and sent it to the Law Society for a one-month consultation period.
100
Define the significance of the case Lloyd v McMahon in the context of fair hearings.
The case of Lloyd v McMahon
101
Describe the legal implications of holding a meeting on private land without the owner's permission.
Holding a meeting on private land without the owner's permission can lead to claims of trespass, allowing the owner to seek damages or apply for an injunction. The police can assist in removing trespassers only if there is a breach of the peace or criminal activity.
102
Define the significance of the ECHR principle of proportionality in the context of police intervention.
The ECHR principle of proportionality is significant as it guides the assessment of whether police intervention is justified. In the case discussed, even if intervention had been permissible, the police would have been unable to justify their actions under this principle.
103
Describe the House of Lords' ruling regarding police powers to prevent a breach of the peace.
The House of Lords ruled that police powers to prevent a breach of the peace are only available when a breach is 'imminent'. In this case, the police did not believe that a breach was imminent, thus their actions were not justified.
104
How has the Home Secretary's power changed with the introduction of the 2023 Regulations?
The Home Secretary has gained the authority to make regulations that further define 'serious disruption,' allowing for more precise policing measures during protests, as seen in the amendments to sections 12 and 14 of the Public Order Act 1986.
105
Describe the purpose of the 2023 Regulations under the Public Order Act 1986.
The 2023 Regulations aim to assist the policing of protests by enabling police intervention in a wider range of circumstances and reducing the threshold for 'serious disruption' to a level that causes 'more than minor' hindrance to day-to-day activities.
106
How does section 12(5) of the POA 1986 address participation in public processions?
Section 12(5) addresses the offence of taking part in a public procession and failing to comply with a condition imposed under section 12(1), where the participant knows or ought to know about the condition. The possible sanction is a fine not exceeding level 3 on the standard scale (currently £1,000).
107
Describe the offence under section 12(4) of the POA 1986 as amended by the Police, Crime, Sentencing and Courts Act 2022.
The offence involves organizing a public procession and failing to comply with a condition imposed under section 12(1), where the person knows or ought to know that the condition has been imposed. Possible sanctions include imprisonment for up to 51 weeks, a fine not exceeding level 4 on the standard scale (currently £2,500), or both.
108
How did the Court of Appeal respond to the banning order issued by the Metropolitan Police Commissioner?
The Court of Appeal upheld the banning order, stating that the claimant failed to demonstrate that the Metropolitan Police Commissioner lacked reasonable grounds for the order, although one Lord Justice criticized the reasons as 'meagre'.
109
Describe the challenge made by Bruce Kent regarding the banning order on processions.
Bruce Kent, as General Secretary of the Campaign for Nuclear Disarmament, challenged a banning order that prohibited all processions in a metropolitan district for 28 days, arguing it was ultra vires due to its broad scope.
110
How does the Criminal Justice and Public Order Act 1994 affect public assemblies on private land?
The Criminal Justice and Public Order Act 1994 grants authorities the power to ban 'trespassory assemblies' under limited circumstances, although the general rule is that police cannot ban assemblies without a breach of the peace.
111
Describe the principles of procedural fairness in the context of administrative law.
The principles of procedural fairness include the right to a fair hearing and the rule against bias, ensuring that individuals are treated justly in administrative processes.
112
How can participants in a public assembly defend themselves against non-compliance with imposed conditions?
Organisers and participants can show that their failure to comply was due to circumstances beyond their control.
113
Describe the consequences for organizing a public assembly without complying with imposed conditions under Public Order Law 103.
Possible sanctions include imprisonment not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale.
114
Define the limitations of the section 14A power in relation to public access to land.
The section 14A power applies only to land where the public has no or only limited rights of access, meaning it does not cover assemblies on common land where the public has an unlimited right of access.
115
Describe the criteria that must be met for a chief officer of police to ban a trespassory assembly.
The chief officer of police must reasonably believe that the assembly is intended to be held without the permission of the occupier or outside the terms of any permission or right of access, and that it may result in serious disruption to the life of the community or significant damage to important land, buildings, or monuments.
116
Define the two offences under section 11 related to processions.
The first offence occurs when organisers fail to give the required notice, and the second offence occurs if the processions differ from what was specified in the notice.
117
Describe the significance of the House of Lords' ruling regarding Critical Mass in relation to the notice requirement.
The House of Lords ruled that Critical Mass was considered 'commonly or customarily' held, exempting it from the notice requirement despite not following a predetermined route.
118
How do public order offences under the Public Order Act 1986 differ from common law offences?
Public order offences under the Public Order Act 1986 replace mainly common law offences, introducing specific statutory offences such as riot and threatening behaviour, with defined penalties.
119
Describe the significance of the Public Order Act 1986 in relation to public processions and meetings.
The Public Order Act 1986 provides the police with significant powers to impose conditions on or ban public processions and meetings, addressing potential disruptions and threats of violence.
120
How do English judges view the right to protest?
English judges recognize a 'right' to protest, affirming its importance for public interest and as a means for individuals to express grievances, as highlighted in cases like Hubbard v Pitt.
121
Describe the general rule regarding delegation of administrative duties.
Administrative duties, such as appointments to an office or position, typically cannot be delegated by the holder of the office, as they are considered personal responsibilities.
122
How do mixed motives affect the validity of a decision in judicial review?
Mixed motives can complicate the validity of a decision in judicial review. If a decision achieves both an authorized objective and an unauthorized one, the primary purpose must be lawful for the incidental advantage to not invalidate the exercise of power, as seen in Westminster Corporation v LNWR.
123
Describe the concept of improper purpose in judicial review.
Improper purpose in judicial review refers to the use of statutory powers for objectives that are not authorized by the statute, as illustrated in the case of Congreve v Home Office, where the court found that the statute was being used for an improper purpose.
124
How does the Public Transport Act 2016 empower local authorities regarding grant aid applications?
The Public Transport Act 2016 allows local authorities to provide financial assistance in the form of grant aid to organizations involved in public transport, with the aim of promoting public transport usage for commuting.
125
Describe the principle of illegality in the context of administrative law.
The principle of illegality refers to the requirement that public authorities must act within the powers granted to them by law. If a decision is made outside of these powers, it can be deemed unlawful.
126
How did the High Court differentiate between the purposes of ILEA's campaign?
The High Court identified two purposes for ILEA's campaign: (i) to provide information about rate-capping, which was authorized, and (ii) to persuade the public to support ILEA's views on rate-capping, which was unauthorized.
127
Describe the case of R v Inner London Education Authority, ex p Westminster City Council.
In this case, the Inner London Education Authority (ILEA) used its statutory power to publish information about local government, spending £651,000 on a campaign regarding government proposals for rate-capping. Westminster City Council challenged the legality of this campaign.
128
How did the case of British Oxygen v Minister of Technology illustrate the issue of discretion in policy application?
In this case, the Ministry of Technology's strict policy on grants limited support to items costing at least £25, which unfairly excluded British Oxygen's significant investment in lower-cost items, highlighting the potential pitfalls of overly rigid policy application.
129
Describe the importance of formulating policies for public authorities in decision-making.
Formulating policies helps public authorities make consistent decisions in similar cases, ensuring fairness by treating like cases in like ways, while avoiding the restriction of discretion.
130
Define the 'Carltona principle' and its significance in administrative law.
The 'Carltona principle' arises from the case Carltona v Commissioners of Works, which established that a minister can delegate certain powers to civil servants, provided the delegation is within the scope of the minister's authority as defined by legislation.
131
Describe the principle of residual or ‘negative’ freedom in the context of UK law.
The principle of residual or ‘negative’ freedom in UK law suggests that citizens are free to act as they wish unless explicitly prohibited by law, emphasizing individual rights and freedoms.
132
Define illegality in the context of judicial review.
Illegality occurs when an action is illegal or ultra vires, meaning it is beyond the powers of the public body, either because the powers claimed do not exist or because they are exceeded or abused.
133
Describe the concept of procedural impropriety in judicial review.
Procedural impropriety focuses on the procedure followed in arriving at the decision under review, ensuring that the correct processes were adhered to.
134
How does Parliament interact with public bodies in the context of judicial review?
Parliament creates public bodies through legislation, confers powers on government ministers and public bodies via primary legislation, and may also create delegated legislation.
135
Describe the role of courts in judicial review of public bodies.
Courts examine whether public bodies have acted within the powers granted to them by Parliament, ensuring they do not exceed or abuse those powers, thereby upholding parliamentary sovereignty.
136
How does judicial review relate to the principles of the UK constitution?
Judicial review is interconnected with principles like parliamentary sovereignty, the rule of law, and the separation of powers, as it allows courts to assess the legality of government actions, ensuring that power is exercised according to established laws and principles.
137
Describe the principle of the rule of law in the context of the UK constitution.
The rule of law ensures that government actions are based on legal authority, preventing arbitrary or oppressive use of power over citizens. It mandates that disputes arising from such power can be addressed through the courts, which ensure compliance with statutory duties and fair exercise of discretion by decision-makers.
138
How does judicial review relate to the separation of powers in government?
Judicial review maintains the separation of powers by ensuring that courts do not interfere with the merits of decisions made by legislative or executive branches, thus preserving the distinct roles of each branch.
139
Describe the purpose of judicial review in the context of public bodies.
Judicial review serves to ensure that public bodies act within the powers granted to them and do not exceed or abuse those powers, focusing on the legality of their decisions rather than the merits.
140
How can one analyze the grounds for judicial review in administrative law?
One can analyze the grounds for judicial review by examining the principles of illegality, irrationality, and procedural impropriety, as well as assessing the consequences of breaches and the likelihood of success for each ground.
