plair Flashcards
rooney
re delegetion
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
Jerry Cottals (illegality)
case regarding irrelvent consideration on moral grounds regarding live performing animals
dundee harbour case
re improper pruposes
unlawful fettering
when are not deciding on a case by case basis
Salah Abdadou v Secretary of State for the Home Department
1998 SC 504
re unlawful fettering of their discretion by ridgidly appying a policy in certain marriage cases
Unlawful delegation
Vine v National dock labour board
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
FAilure to take account of relevent matters city cabs case
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
tension between neeed for transparency and keeping security services accountable but also to allow them to do job properly
greenpeace case- had relationships and children- too far
Malone v UK
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
prescribed by law
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
Post Malone
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
2013 justice and secuirty act
increases powers of ISC
Officail secrest act
provides for an absolute ban on unauthorised disclosures of informtaion by memebrs of agencies- secrecy duty is lifelong
investigatory powers bill 2016- snoopers charter
widens govt power to intercept communications
Intelligence security committee
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
investigatory powers tribunal
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
How do tribuanals answer.
- say you have been monitered unlawfully
- non-determination- either lawfulll y or not at a;;
Kennedy case
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
SNowdon case
GCHQ could;
activate devieces microphone or webcam
identfy location of device
log keystrokes
enourmous bredth of power with no real ssafeguards agaisnt unlawful use of information
Liberty v Secuirty services
first case of a sucessful determination made by the IPTribuanl - found violation of art 8 as the processes used were not prescribed by law
Privacy International case
Tribuanl held that thematic warrents (i.e. can hack all of phones in edinburgh) is lawful under UK law and convention rights
Boddington case
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
consulation of local authorities
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
Metalcraft case
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
Breach of EU law
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
Sadurski in ‘freedom f speech and its limits
‘human communicative actions are crucial to our capacity for self expression and self fufillment
Barendt- freedome of speech
a right to express beleifs reflects what it is to be human
only was remedy of a breach of confidence at common law
should not have been widly avaliable to the public
it was confidential information
discussed in Kaye case re hospiital brakin of well known actor
spycatcher case
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
peck v UK
deemed to be breach of art 8 as the the exposure went far beyond what the claiment would reasonable expected- re suicide attampt
Von Hannover
higher test than campbell- said media breached her legitimate expectation to not have privacy ifrnged - no pub lic interest
spycatcher case
wished prevent MI% officer publishing meoirs- failed as was greater public interst- formed background fro the official secrets act 1989
OFSA
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
R v SHayler
tried argue public interest as a defecne- held did not contraven art 10
Snyder v Phelps- US case
were allowed to pcket funeral- said they do not want to stifle public debate
in UK different approach - DPP v HAmmon
conviction for man holding displasy saying stop gays
restiction
must be necessary and must meet a presssing social need and should be propertionat eto a legitmate aim
offences contrary to OSA
offence for crown servent ect to make an unauthorised disclose of information about security defence or international relations- max sentance - 2 years
10(1)
everyoen ahs right to freedom expression- opinions and impart idea
10(2)
may be subject to formatlisites restrictions such are prescribed by law, necessary in democrtaic society and pursue legitmarte aim ect
Public interest disclosure act 1998
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
if don’t know
section 1(5) this si a defence
section 1(3)
OSA if are crown servent ect
section 5(1)
disclose information
