Other Case List Flashcards
HR strengthening common law not using ECHR
Osborn//Kennedy
Home Secretary must uphold rule of law
M v Home Secretary
Royal Prerogative subject to judicial review
GCHQ
Prison voting
Hirst
Treaty of Rome irrevocable once signed, limits sovereignty. Cannot bind future Parliaments, can enact, amend or repeal any legislation
Blackburn v AG
Act of Parliament cannot be challenged
Cheney v Conn//Ellen Streets Estate Ltd//Hall v Hall//Jordan
EC law takes precedence over UK law
Pickstone v Freemans
Incompatible with ECHR that Home Secretary decides tariff for convicted murderers
Anderson
Courts can’t review Acts of Parliament, hunting, 1911 and 1949
Jackson
Claimed to represent broader public interests, held to have sufficient interest
World Development Movement Ltd
Ombudsmen, HS followed recommendations
Sachsenhausen
Principle of legality
Pierson
Disproportionate as infringement greater than could be shown to be justified
Daly
Kettling, courts entitled to take purpose of deprivation of liberty into account
Austin
Just because an individual is concerned with a decision, doesn’t mean they have sufficient interest
Rose Theatre Trust
Proportionality should not replace Wednesbury unreasonableness, it remains contemporary
Rotherham MBC
5/6 of Theresa May’s reasons not to hold an inquiry didn’t make sense
Alexander Litvinenko
Powers used for wrong reason JR
Wheeler
Brits interned, PO’s recommendations rejected, inquiry persuaded government
Debt of Honour/ABCIFER
Decision must be made by the right person JR
Allingham
Error of law or fact JR
Khawaja
CoA held government can’t reject PO’s findings without cogent reasons
Occupational Pensions Affair
Osborn and Kennedy
HR increasing common law
M v Home Secretary
HS must uphold rule of law