plair

Question 1

rooney

re delegetion

Answer 1

have to look at wording of statute, if is re council tax or planning permission, cannot delegate
- Local Government (Scotland) Act 1973: ss.56-57. - local authorities in most circumsatnces can delegate.
Caltona principle- officials are allowed to act as the alter egos of ministers

Question 2

Jerry Cottals (illegality)

Answer 2

case regarding irrelvent consideration on moral grounds regarding live performing animals

Question 3

dundee harbour case

Answer 3

re improper pruposes

Question 4

unlawful fettering

Answer 4

when are not deciding on a case by case basis

Question 5

Salah Abdadou v Secretary of State for the Home Department

1998 SC 504

Answer 5

re unlawful fettering of their discretion by ridgidly appying a policy in certain marriage cases

Question 6

Unlawful delegation

Vine v National dock labour board

Answer 6

court decided thata the dismissal of a dock worker was invalid becasue the board instead of deciding the matter themselves sent it to a disciplicary committee

Question 7

FAilure to take account of relevent matters city cabs case

Answer 7

court reduced decision of a local auhtority to increase the number of taxi lsicences granted on the ground thta it had failed to take into account relevent considerations

Question 8

tension between neeed for transparency and keeping security services accountable but also to allow them to do job properly

Answer 8

greenpeace case- had relationships and children- too far

Question 9

Malone v UK

Answer 9

had committed a few crimes, notices mail being opened and noise on phone line. govenrment said we will not confirm or deny and we will not disclose any info- there was no framwork. apply the three part test

Question 10

prescribed by law

Answer 10

in malone case, this showed was no framework- ECtHR said the law must be clear to prevent arbitariyness, give citezens an idea about condition which PA use their powers in

Question 11

Post Malone

Answer 11

SEcurity service acct 1989- put MI5 on statutory footing while keeping it under authority of home secretary
Intelligence and services act 1994- places MI6 and GCHQ on statutory footing- established Intelligence and secuirty comittee (ISC)
Regulation of investiagtory powers act 2000- regulation of communication interception and esatblishes the invetigatory powers tribunal

Question 12

2013 justice and secuirty act

Answer 12

increases powers of ISC

Question 13

Officail secrest act

Answer 13

provides for an absolute ban on unauthorised disclosures of informtaion by memebrs of agencies- secrecy duty is lifelong

Question 14

investigatory powers bill 2016- snoopers charter

Answer 14

widens govt power to intercept communications

Question 15

Intelligence security committee

Answer 15

examines policy expendidture and operations of the secuirty services. meetins are secret, annual report laid down before PM who can make reductions i.e. if soemthing is included which could be dangerous to national security. report on to parliament but govenrment can delete and keep secret certain bits

Question 16

investigatory powers tribunal

Answer 16

established under section 65 RIPA
investiagtes complaintes by individuals about agencies conduct towards them an possible interception of communications
is only approporate tribuanl in regarsd to section 7 HRA- that anyone can bring claim agaiasnt tribunal ect if they have acted unlawfully) ]
decisions are unappealabel and usually not subject to judicail review

Question 17

How do tribuanals answer.

Answer 17

• say you have been monitered unlawfully

- non-determination- either lawfulll y or not at a;;

Question 18

Kennedy case

Answer 18

brought to courts using art 6 that the proceedings held in private was a breach art 6- held that as a qualaified rigth it could be restricted in cases on national security - uk govt know better than starsbourg what issues will be so should make decision adequatly

Question 19

SNowdon case

GCHQ could;

Answer 19

activate devieces microphone or webcam
identfy location of device
log keystrokes
enourmous bredth of power with no real ssafeguards agaisnt unlawful use of information

Question 20

Liberty v Secuirty services

Answer 20

first case of a sucessful determination made by the IPTribuanl - found violation of art 8 as the processes used were not prescribed by law

Question 21

Privacy International case

Answer 21

Tribuanl held that thematic warrents (i.e. can hack all of phones in edinburgh) is lawful under UK law and convention rights

Question 22

Boddington case

Answer 22

charged with smoking on the railway, said law was ultra vires- it is a defence to say that the way the law has been made by a local authorryt is ultra vires as defence for a criminal case

Question 23

consulation of local authorities

Answer 23

thsi si a duty in good faith, must issue consultation paper, saying reasons what are alternitives and why not using them, must give reaosnable time to consider then issue response doc. due process not folloewed recently with regards to tax credits issue- time limit that has developed is 4 weeks
if are flaws in conssultation but wouldve come to same conclusion anyway, courst unlikly to quash

Question 24

Metalcraft case

Answer 24

even if the legislation is not printed it is still valid, parliamentary record is public so you are expected to know, not a defence to plead ignorance, oarticuarly in last 2 months were HMSO no longer asa rule print everything

Question 25

Breach of EU law

Answer 25

European communities act section 2- necessary gateway into the legal system- factortame- need dissaply law if contravenes EU law
robbie the pict v Kingston- re sky bridge

Question 26

Sadurski in ‘freedom f speech and its limits

Answer 26

‘human communicative actions are crucial to our capacity for self expression and self fufillment

Question 27

Barendt- freedome of speech

Answer 27

a right to express beleifs reflects what it is to be human

Question 28

only was remedy of a breach of confidence at common law

Answer 28

should not have been widly avaliable to the public
it was confidential information
discussed in Kaye case re hospiital brakin of well known actor

Question 29

spycatcher case

Answer 29

above could be extended to anyone who has notice of the dicuments confidentiality beginisgs of the misuse of private information tort- ask- did claiment reasonably beleive his privacy to be respected

Question 30

peck v UK

Answer 30

deemed to be breach of art 8 as the the exposure went far beyond what the claiment would reasonable expected- re suicide attampt

Question 31

Von Hannover

Answer 31

higher test than campbell- said media breached her legitimate expectation to not have privacy ifrnged - no pub lic interest

Question 32

spycatcher case

Answer 32

wished prevent MI% officer publishing meoirs- failed as was greater public interst- formed background fro the official secrets act 1989

Question 33

OFSA

Answer 33

s.1 criminal offence if for any purpose predjudicail to safety of the state
- enters prohibited complec
preapes information fo rthe enemy
obtains or passes on information that may be useful ie. the conviction of protestors approaching an airway with intention to hold a sit in on the runway was upheld in DPP v Chalmers
in reations to s.1-4 public defecne is not a defecne

Question 34

R v SHayler

Answer 34

tried argue public interest as a defecne- held did not contraven art 10

Question 35

Snyder v Phelps- US case

Answer 35

were allowed to pcket funeral- said they do not want to stifle public debate

Question 36

in UK different approach - DPP v HAmmon

Answer 36

conviction for man holding displasy saying stop gays

Question 37

restiction

Answer 37

must be necessary and must meet a presssing social need and should be propertionat eto a legitmate aim

Question 38

offences contrary to OSA

Answer 38

offence for crown servent ect to make an unauthorised disclose of information about security defence or international relations- max sentance - 2 years

Question 39

10(1)

Answer 39

everyoen ahs right to freedom expression- opinions and impart idea

Question 40

10(2)

Answer 40

may be subject to formatlisites restrictions such are prescribed by law, necessary in democrtaic society and pursue legitmarte aim ect

Question 41

Public interest disclosure act 1998

Answer 41

allows individuals who make dsclosures of infomration in the public interest- a qualifying disclsure is if it shows

• a crimianl offence is or is going to be comitted
• person has fialed or is likly to fail to comply with any legal obligations
• is miscarriadge of justice

Question 42

if don’t know

Answer 42

section 1(5) this si a defence

Question 43

section 1(3)

Answer 43

OSA if are crown servent ect

Question 44

section 5(1)

Answer 44

disclose information