Constitutional Law

Question 1

Sub Judice Rule

Answer 1

Law and Custom of Parliament from discussing matters which are currently or imminently being considered by the courts.

Question 2

Sewel Convention

Answer 2

Parliament should obtain the consent of the devolved countries where legislation impacts on the devolved legislation.

Question 3

Salisbury Convention

Answer 3

The House of Lords should pass a bill which gives effect to a major part of the governments manifesto.

Question 4

Conditions on “Meetings”

Answer 4

A police officer can impose conditions if they reasonably believe that it may result in serious public disorder, serious damage to property or serious disruption to the life of the community.

Question 5

Advanced Notice Required for a Procession

Answer 5

Six Clear Days’ Notice (Day, time and route)

Question 6

Conditions for Processions

Answer 6

Conditions may be imposed if there is a reason to believe that the march will result in a serious public disorder, or the purpose of the organisers is to intimidate.

Conditions may now be imposed when noise may cause a significant impact on those in the vicinity.

Question 7

Prohibition of Processions

Answer 7

Section 13(1) allows the chief officer to apply for a prohibition order if they reasonably believe, because of particular circumstances existing in any locality, that the powers in s12 are insufficient to prevent a risk of serious public disorder.

Question 8

Prohibition of Meetings

Answer 8

An application can be made for a meeting to be banned if it would be a “trespassory assembly” i.e. one which is at a place or on land to which the public has no right of access or only has a limited right of access. The Chief Officer can apply to the local authority for an order to prohibit this, if they have reasonable belief that it will result in a serious disruption.

Question 9

Breach of the Peace

Answer 9

“There is a breach of the peace whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance”.

Question 10

Fettering of Discretion

Answer 10

• Acting under the dictation of another: For example, a minister can’t choose to not do something, because another minister isn’t happy with it.
• Applying a general policy as to the exercise of discretion, in too strict of a manner.

Question 11

“Application Case” for Judicial Review

Answer 11

Seeks a license, membership or office that they have not previously held.

Question 12

Who can apply for Judicial Review?

Answer 12

Must have ‘sufficient interest’ to have the standing to bring claims

Question 13

Time Limit for Judicial Review

Answer 13

Without undue delay, and within three months of the date of decision of which is affecting them. Judges have the decision to extend the timeframe if there is ‘good reason’ to do so.
- Within six weeks if a planning permission case.

Question 14

Ouster Clauses

Answer 14

Oust the courts supervisory jurisdiction over public power. I.e. try and exclude judicial review.
- Will not protect decisions that were never valid.
- Willing to uphold partial ouster clauses that do not attempt to exclude judicial review, but merely shorten the time limit for bringing claims.

Question 15

Public Law Remedies in Judicial Review

Answer 15

• Quashing Order – Quashes a decision which the court has found to be unlawful.
• Prohibiting Order – Order a public body to refrain from acting beyond it’s powers
• Mandatory Order – Enforce the performance by public bodies of the duties they are by law, required to carry out.

Question 16

Four Step Test for Qualified Rights

Answer 16

1. Is the objective of the measure sufficiently important to justify limiting a fundamental right.
2. Is the measure rationally connected to the objective.
3. Could a less intrusive measure have been used.
4. And having regard to these matters, and the severity of the consequences, has a fair balance bee struck between the rights of the individual and those of the community.

Question 17

Who can apply in Human Rights Cases

Answer 17

You will have standing if you are a ‘victim’ of the breach, against a public body.

Question 18

Bias Rule (when you have an interest)

Answer 18

If you have a direct interest in a transaction, this will result in the automatic disqualification under the rule against bias.