Important Cases Flashcards
Entick v Carrington (1765)
Established the principle of the rule of law and the requirement for legal authority to justify the exercise of power by the state.
R (Miller) v The Prime Minister [2019] UKSC 41
This case dealt with the issue of whether the Prime Minister could prorogue (suspend) Parliament, and it established that this action was unlawful.
R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995]
This case established the principle of proportionality in judicial review, which requires that the state’s actions must be proportionate to the objective they seek to achieve.
Anisminic v Foreign Compensation Commission [1969]
This case established the principle of ultra vires, which holds that decisions made by public bodies must be within their legal powers.
R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2018]
This case dealt with the issue of whether the UK government had the power to establish a marine protected area in the British Indian Ocean Territory, and it established that the government’s actions were unlawful.
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948]
This case established the Wednesbury unreasonableness test, which is used to determine whether a decision made by a public body is so unreasonable that no reasonable authority would have made it.
Council of Civil Service Unions v Minister for the Civil Service [1985]
This case established the principle of legitimate expectation, which holds that individuals have a right to expect that public bodies will act in a certain way based on past practice or assurances.
R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115
This case established the principle of the importance of human rights, and held that legislation must be interpreted in a way that is compatible with the European Convention on Human Rights.
R (Jackson) v Attorney General [2005]
This case established the principle of the sovereignty of Parliament, which holds that Parliament has the power to make or unmake any law, and that no other body, including the courts, can overrule or invalidate its decisions.
R (Miller) v Secretary of State for Exiting the European Union [2017]
This case dealt with the issue of whether the UK government could trigger Article 50 of the Treaty on European Union without parliamentary approval, and it established the principle of parliamentary sovereignty in the context of Brexit.
Locabail (UK) Ltd v Bayfield Properties [2000]
the Court of Appeal established the principle of the reasonable apprehension of bias test, which is used to determine whether a decision-maker is biased or appears biased, and whether this creates an appearance of unfairness. The test involves examining whether a fair-minded and informed observer, having considered all the relevant circumstances, would conclude that there was a real possibility that the decision-maker was biased.
The actual bias test
This test is used to determine whether a decision-maker was actually biased, as opposed to appearing biased. This involves examining whether there is evidence that the decision-maker had a preconceived view or prejudice about the matter at hand.
The automatic disqualification test
This test is used to determine whether a decision-maker is automatically disqualified from making a decision due to a personal interest in the matter at hand. For example, a judge would be disqualified from hearing a case in which they have a financial interest.
The reasonable suspicion of bias test
This test is similar to the reasonable apprehension of bias test, but it applies in situations where there is a reasonable suspicion that the decision-maker is biased, even if a fair-minded and informed observer might not necessarily conclude that there is a real possibility of bias.
The appearance of bias test
This test is similar to the reasonable apprehension of bias test, but it is broader and applies to situations where a decision-maker’s conduct or behaviour creates the appearance of bias, even if they are not actually biased.
