Key Relationship: The Court & The Executive

Question 1

judicial independence

Answer 1

1. security of tenure
2. remuneration
3. immunity from legal proceeding
4. indépendant judicial appointment system

Question 2

Entick v Carrington [1765] 95 ER 807

Answer 2

• kings messenger entered Entick home & seized ‘seditious’ paper- claimed to be acting under warrant
• warrant had no legal basis & kings messengers were trespassers
• executive powers must be exercised according to law

Question 3

Congreve v Home Office [1976] QB 629

Answer 3

TV license case

• home office demand extra payment for new tv license before old runs out
• held: home office has no power to revoke license or demand extra payment

Question 4

Davis v Lisle [1936] 2 KB 434

Answer 4

• Two police officers saw a lorry being repaired by two men and causing an obstruction on the highway outside a garage.
• entered premises of person causing obstruction without warrant
• One of the police was in the act of producing his warrant card when one of the men struck him. He was convicted of assaulting and obstructing a police officer in the execution of his duty.
  held: although the officers entering the premises were not trespassers, they became trespassers they were told to leave, and thus, were not acting in the execution of duty.

Question 5

limitation on judicial scrutiny of executive

Answer 5

R (on application of wheeler) v office of prime minister [2008] “ the fact that the claim would involve an interference… with proceedings of parliament is a…. decisive reason why claim must fail”

Question 6

judges & minister: increasingly adverbial relationship

Answer 6

R( application of Q) v Secretary of state for Home Dept [2003]
Held: 6 asylum seekers unlawfully denied state support to be denied where asylum claim wasn’t made as soon as reasonably practicable