Rule of Law

Question 1

1.0 What is the Rule of Law
case UNISON
Discuss case.
Analogy?

Answer 1

heart of the concept fo the rule of law is the idea that society is governed by law and to ensure those MP’s who are chosen to be accountable to them

Question 2

heart of the concept fo the rule of law is the idea that society is governed by law and to ensure those MP’s who are chosen to be accountable to them

which area
which case
which analogy

Answer 2

1.0 What is the Rule of Law
case UNISON

we must unify government and rule of law

Question 3

1.1 Core Rule of Law
case Entick v Carrington
Dicuss case.
Analogy?

Answer 3

Agents of the king acting under a warrant issued by the SOS broke into the house of Entick, and removed certain of his papers for seditious writings
HELD
The action was justified by no specific legal authority therefore was a common trespass
This led Camden CJ to suggest that if it is law, it will be found in our books.

the carringtons are thieves and take what they want

Question 4

1.1 Core Rule of Law
case Pedro v Diss
Discuss case.
Analogy?

Answer 4

Pedro was standing outside a house, police officer suspected a crime had been committed and searched Pedro. Pedro, who was not under arrest, refused to be lead back to the house, the police officer grabbed him by the arm. Pedro punched him.

Dont diss pedro

Question 5

Agents of the king acting under a warrant issued by the SOS broke into the house , and removed certain of his papers for seditious writings
HELD
The action was justified by no specific legal authority therefore was a common trespass
This led Camden CJ to suggest that if it is law, it will be found in our books.

the carringtons are thieves and take what they want

what chapter
What case

Answer 5

1.1 Core Rule of Law

case Entick v Carrington

Question 6

Pedro was standing outside a house, police officer suspected a crime had been committed and searched Pedro. Pedro, who was not under arrest, refused to be lead back to the house, the police officer grabbed him by the arm. Pedro punched him.

Dont diss pedro

what chapter
What case

Answer 6

1.1 Core Rule of Law
case Pedro v Diss
Discuss case.
Analogy?

Question 7

2.1 Government action interfering with individuals must be authorised by law
Malone v UK
Discuss case
What analogy?

Answer 7

In this case an antique dealer was prosecuted for offences related to dishonest handling of stolen goods. During the trial it emerged that the applicants telephone had been tapped by the police acting on the authority of a warrant by the Home Sec.
HELD:
He was acquitted of criminal charges

Brought proceedings that the phone tapping was unlawful and the practise of metering whereby the PO would make available to the police the record of which numbers had been dialled by the suspect and the time and duration of each call
HELD:
A practise exists whereby the PO do on occasions make and provide such records at the request of the police if the information is essential to police enquiries in relation to serious crime. As the applicant as a suspected receiver of stolen goods, may be a member of a class of persons potentially liable to b directly affected by the practise.
Although lawful in terms of domestic law, the interference was not in accordance with the law within the meaning of Article 8(2).

Hey stop tappin ma phone

Question 8

In this case an antique dealer was prosecuted for offences related to dishonest handling of stolen goods. During the trial it emerged that the applicants telephone had been tapped by the police acting on the authority of a warrant by the Home Sec.
HELD:
He was acquitted of criminal charges

Brought proceedings that the phone tapping was unlawful and the practise of metering whereby the PO would make available to the police the record of which numbers had been dialled by the suspect and the time and duration of each call
HELD:
A practise exists whereby the PO do on occasions make and provide such records at the request of the police if the information is essential to police enquiries in relation to serious crime. As the applicant as a suspected receiver of stolen goods, may be a member of a class of persons potentially liable to b directly affected by the practise.
Although lawful in terms of domestic law, the interference was not in accordance with the law within the meaning of Article 8(2).

Hey stop tappin ma phone

What case
What chapter

Answer 8

Malone v UK

2.1 Government action interfering with individuals must be authorised by law

Question 9

2.1 Government action interfering with individuals must be authorised by law

R v Inland Revenue Commissioners
Discuss case
give analogy

Answer 9

in this case domestic law stated that if any offence relating to tax fraud is reasonably suspected, search warrants may be issued which allow tax officers to enter private property by force and seize anything in evidence.
COA HELD: 
Warrants quashed. Lord Denning stated that it was so wide that in some hands it might be an instrument of oppression
HOL HELD:
Warrants upheld, though Lord Scarman noted it was a breathtaking inroad upon the individuals rights of privacy and right of property.

Revenue= tax = boring

Question 10

in this case domestic law stated that if any offence relating to tax fraud is reasonably suspected, search warrants may be issued which allow tax officers to enter private property by force and seize anything in evidence.
COA HELD: 
Warrants quashed. Lord Denning stated that it was so wide that in some hands it might be an instrument of oppression
HOL HELD:
Warrants upheld, though Lord Scarman noted it was a breathtaking inroad upon the individuals rights of privacy and right of property.

Revenue= tax = boring

What case
What chapter

Answer 10

2.1Government action interfering with individuals must be authorised by law

R v Inland Revenue Commissioners
Discuss case
give analogy

Question 11

2.2 Equality Before the Law
M v Home Office
Discuss case
Give analogy

Answer 11

M sought political asylum which was refused by HO; just before removal a fresh application alleging new grounds was made. The judge ordered for the removal to be delayed but was not. 
Judge made an order requiring HS to procure M’s return. HS decided that the judge had no jurisdiction to make a mandatory interim injunction against him as a minister of the crown
HELD:
Lord Templeman argued that this argument if upheld would establish that the executive obey the law as a matter of grace and not as a matter of necessity

Mmmm hm you can’t just sent me home. Mmminster acted without power

Question 12

M sought political asylum which was refused by HO; just before removal a fresh application alleging new grounds was made. The judge ordered for the removal to be delayed but was not. 
Judge made an order requiring HS to procure M’s return. HS decided that the judge had no jurisdiction to make a mandatory interim injunction against him as a minister of the crown
HELD:
Lord Templeman argued that this argument if upheld would establish that the executive obey the law as a matter of grace and not as a matter of necessity

Mmmm hm you can’t just sent me home. Mmminster acted without power

What case
What chapter

Answer 12

2.2 Equality Before the Law

M v Home Office

Question 13

2.2 Equality Before the Law
GCHQ case
Discuss case
Give analogy

Answer 13

GCHQ Case
Government banned employees of the GCHQ from joining any trade union for national security reasons by an Order in Council using Royal Prerogative
HELD:
Held that Royal Prerogative was subject to judicial review; case established that judicial review depends on the nature of the government’s powers, not their source

Question 14

Government banned employees from joining any trade union for national security reasons by an Order in Council using Royal Prerogative
HELD:
Held that Royal Prerogative was subject to judicial review; case established that judicial review depends on the nature of the government’s powers, not their source

What case
What chapter

Answer 14

2.2 Equality Before the Law

GCHQ case

Question 15

2.2 Equality Before the Law
Corner House Research
Discuss case
Give analogy

Answer 15

Corner House Research
An investigation into the corruption of BAE systems began for a contract between Government and Saudi Arabia
Saudi authorities threatened to withdraw from counter terrrism and cooperation agreements with the UK if the investigation continued. The Director thus stopped the investigation. Claimants sought judicial review
HELD:
High Court stated that the courts are there to protect the rule of law by ensuring the independence of the decision maker being free from pressure and threat which the Director failed to do
HOL:
The issue was not whether the directors decision was right or wrong but whether it was a decision which the Director was lawfully entitled to make. Such an approach involves no affront to the rule of law

‘they live in the corner shp and we researching

Question 16

An investigation into the corruption of BAE systems began for a contract between Government and Saudi Arabia
Saudi authorities threatened to withdraw from counter terrrism and cooperation agreements with the UK if the investigation continued. The Director thus stopped the investigation. Claimants sought judicial review
HELD:
High Court stated that the courts are there to protect the rule of law by ensuring the independence of the decision maker being free from pressure and threat which the Director failed to do
HOL:
The issue was not whether the directors decision was right or wrong but whether it was a decision which the Director was lawfully entitled to make. Such an approach involves no affront to the rule of law

‘they live in the corner shp and we researching

What case
What chapter

Answer 16

2.2 Equality Before the Law

Corner House Research

Question 17

2.3 Law, especially those interfering with rights, must be sufficiently clear
Hashamn and Harrup
Discuss case
Give analogy

Answer 17

Hunt saboteurs applied to the ECHR for a violation of their freedom of expression.
HELD: 
The order in which the applicants were bound over to keep the peace and to not behave contra bonos mores does not comply with the requirement of Art 10 (2) of the Convention that it be prescribed by law. This is merely an opinion of a majority of citizens

The three H’s
has mann and harrup the hunters

Question 18

Hunt saboteurs applied to the ECHR for a violation of their freedom of expression.
HELD: 
The order in which the applicants were bound over to keep the peace and to not behave contra bonos mores does not comply with the requirement of Art 10 (2) of the Convention that it be prescribed by law. This is merely an opinion of a majority of citizens
The three H’s
has mann and harrup the hunters

What case
What chapter

Answer 18

2.3 Law, especially those interfering with rights, must be sufficiently clear
Hashamn and Harrup

Question 19

2.3 Law, especially those interfering with rights, must be sufficiently clear
Gillan v UK
Discuss case
Give analogy

Answer 19

Concerned the law governing the use of stop and search of the Terrorism Act 2000 s.41 which permitted searches without reasonable suspicion of the individual concerned.
An interference with Art 8 must be in accordance with the law which the Court held were not sufficiently circumscribed or subject to adequate legal safeguards against abuse and thus not in accordance with law

Gillan didn’t KILL EM!!

Question 20

Concerned the law governing the use of stop and search of the Terrorism Act 2000 s.41 which permitted searches without reasonable suspicion of the individual concerned.
An interference with Art 8 must be in accordance with the law which the Court held were not sufficiently circumscribed or subject to adequate legal safeguards against abuse and thus not in accordance with law

What case
What chapter

Answer 20

2.3 Law, especially those interfering with rights, must be sufficiently clear
Gillan v UK

Question 21

2.4 Non Retroactivity of Law
Burmah Oil
Discuss case
Give analogy

Answer 21

During WW2 the Government acting under its prerogative powers, ordered its army to destroy one of Burmah Oil’s refineries to prevent enemies gaining access. After war Gov offered Burmah compensation which they argued was substantially lower than should be given
HELD
Government introduced an Act of Parliament to reverse the result of the judgement which ordered them to may more in compensation

Question 22

During WW2 the Government acting under its prerogative powers, ordered its army to destroy one of Burmah Oil’s refineries to prevent enemies gaining access. After war Gov offered Burmah compensation which they argued was substantially lower than should be given
HELD
Government introduced an Act of Parliament to reverse the result of the judgement which ordered them to may more in compensation

What case
what chapter

Answer 22

2.4 Non Retroactivity of Law

Burmah Oil

Question 23

2.5 Cases mist be tried fairly and before an independent judiciary citizens must have access to courts
R v Ex parte Witham
Dicuss case
Give analogy

Answer 23

A statutory instrument which increased court fees and removed the exemption for those claiming income support was held to be ultra vires

Witham dont get no money.

Question 24

A statutory instrument which increased court fees and removed the exemption for those claiming income support was held to be ultra vires

Witham dont get no money.

What case
What chapter

Answer 24

2.5 Cases mist be tried fairly and before an independent judiciary citizens must have access to courts
R v Ex parte Witham

Question 25

2.6 Courts must have powers to review public authorities for compliance with law
Evans v Attorney General
Discuss case
Analogy case.

Answer 25

fundamental to the rule of law that decisions and actions of the executive are subject to necessary well established exceptions (such as declarations of war) and reviewable by the court at the suit of an interested citizen

Evan said decisions of the executive can be reviewed

Question 26

fundamental to the rule of law that decisions and actions of the executive are subject to necessary well established exceptions (such as declarations of war) and reviewable by the court at the suit of an interested citizen

____said decisions of the executive can be reviewed

Answer 26

2.6 Courts must have powers to review public authorities for compliance with law
Evans v Attorney General

Question 27

2.4 Non Retroactivity of Law
Philips v Eyre
Discuss Case
Give analogy

Answer 27

he courts will not ascribe retrospective force to new laws affecting rights unless by express words or necessary implication it appears that such was the intention of the legislature

philip schofield said u need to be express

Question 28

he courts will not ascribe retrospective force to new laws affecting rights unless by express words or necessary implication it appears that such was the intention of the legislature

philip schofield said u need to be express

What case
What chapter

Answer 28

2.4 Non Retroactivity of Law

Philips v Eyre

Question 29

Who described the prerogative as a relic of the past age?

Answer 29

1965 Lord Reid

Question 30

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
The case of Proclamations
Discuss Case.
Give analogy

Answer 30

The Case of Proclamations noted that the King hath no prerogative, but that which the law of the land allows him

Question 31

_____ noted that the King hath no prerogative, but that which the law of the land allows him
Give case
Give chapter

Answer 31

The Case of Proclamations

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?

Question 32

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
Miller v SoS for Exiting European Union

Answer 32

There is no superior form of law than primary legislation
Ultimately, the prerogative is residual, it is only the left over power of the Crown; Dicey discusses it as the name of the remaining portion of the Crown’s original authority

Question 33

There is no superior form of law than primary legislation
Ultimately, the prerogative is residual, it is only the left over power of the Crown; Dicey discusses it as the name of the remaining portion of the Crown’s original authority

Give case
Give chapter

Answer 33

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
Miller v SoS for Exiting European Union

Question 34

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
De Keyser’s Royal Hotel

Answer 34

The government seized the hotel to use as a London Headquarters during WW2 justifying it as being their prerogative to do so in spite of statutory provisions under the Defence Act which conditioned the seizure of land.
HELD:
Gov could not rely on the prerogative where it has been superseded by statute according to Lord Atkinson
He noted that prerogative powers have shrunk as many are replaced by statute such as the 2010 Constitutional Reform and Governance Act which replied prerogative powers relating to the civil service

Question 35

The government seized the hotel to use as a London Headquarters during WW2 justifying it as being their prerogative to do so in spite of statutory provisions under the Defence Act which conditioned the seizure of land.
HELD:
Gov could not rely on the prerogative where it has been superseded by statute according to Lord Atkinson
He noted that prerogative powers have shrunk as many are replaced by statute such as the 2010 Constitutional Reform and Governance Act which replied prerogative powers relating to the civil service

Give case
Give analogy

Answer 35

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
De Keyser’s Royal Hotel

Question 36

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
BBC v Johns

Answer 36

It is 350 years and a civil war too late for the Queen’s courts to broaden the prerogative. Limits the executive government can impose are now incapable of extension
Think of it as a report

Question 37

It is 350 years and a civil war too late for the Queen’s courts to broaden the prerogative. Limits the executive government can impose are now incapable of extension
Think of it as a report

Answer 37

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
BBC v Johns

Question 38

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
R v SoS for HD ex parte Northumbria Police Authority

Answer 38

Northumbria Police Authority did not want the government to arm its officers with crowd control equipment which it regarded as unsafe and they pointed towards statutory authority. The Government argued that its power existed alongside a prerogative power for the Crown to take necessary steps to keep the peace
HELD: 
Even though there was no reference to such a power in two centuries of textbooks and case law the COA did not consider this lack of evidence as a lack of existence and noted that the scarcity of reference to this power does not disprove it exists, but rather to an unspoken presumption that it does

Question 39

Crown to take necessary steps to keep the peace
HELD: 
Even though there was no reference to such a power in two centuries of textbooks and case law the COA did not consider this lack of evidence as a lack of existence and noted that the scarcity of reference to this power does not disprove it exists, but rather to an unspoken presumption that it does

Answer 39

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
R v SoS for HD ex parte Northumbria Police Authority

Question 40

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?

Banocoult

Answer 40

Case concerned whether orders in council prohibiting native Chagos Islanders from returning to the islands were legal, the HOL went further than the GCHQ case in holding that Orders in Council were also subject to the ordinary grounds of judicial review
The Orders in Council were subject to judicial review: Lord Hoffman
He suggests there is no reason why prerogative legislation should not be subject to the review on ordinary principles of legality, rationality and procedural impropriety in the same way as any other executive action

The Crown DID have power to remove the right of abode of the population: Lord Hoffman
The Crown has plenary legislative authority as it can make or unmake the law of the land
Moreover, the conventional limits of the Crown’s prerogative to legislate for the peace, order and good government could not be read so as to exclude the power to exclude the whole population. The Queen is thus entitled on the advice of her UK Ministers to prefer the interest of the UK

Lord Bingham dissenting, cite Entick v Carrington
The House referred to no instance in which the royal prerogative had been exercised to exile an indigenous population from its homeland. Authority negates the existence of such a power

Question 41

Case concerned whether orders in council prohibiting native Chagos Islanders from returning to the islands were legal, the HOL went further than the GCHQ case in holding that Orders in Council were also subject to the ordinary grounds of judicial review
The Orders in Council were subject to judicial review: Lord Hoffman
He suggests there is no reason why prerogative legislation should not be subject to the review on ordinary principles of legality, rationality and procedural impropriety in the same way as any other executive action

The Crown DID have power to remove the right of abode of the population: Lord Hoffman
The Crown has plenary legislative authority as it can make or unmake the law of the land Moreover, the conventional limits of the Crown’s prerogative to legislate for the peace, order and good government could not be read so as to exclude the power to exclude the whole population. The Queen is thus entitled on the advice of her UK Ministers to prefer the interest of the UK

Lord Bingham dissenting, cite Entick v Carrington
The House referred to no instance in which the royal prerogative had been exercised to exile an indigenous population from its homeland. Authority negates the existence of such a power

Answer 41

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?

Banocoult

Question 42

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
Ex Parte Fire Brigades Union

Answer 42

For many years, under the prerogative, compsentation for criminal injuries had been distributed on a non statutory basis. Parliament placed this on a statutory basis, only coming into force when the SOS for HD chose to enter it.
The Sec decided not to enter it into force and instead introduce a cheaper system under the prerogative.
HELD: 
It would be suprising if prerogative powers could be exercised to frustrate the will of Parliament expressed in statute or to an extent the pre empt decision of Parliament

compensation!!

Question 43

For many years, under the prerogative, compsentation for criminal injuries had been distributed on a non statutory basis. Parliament placed this on a statutory basis, only coming into force when the SOS for HD chose to enter it.
The Sec decided not to enter it into force and instead introduce a cheaper system under the prerogative.
HELD: 
It would be suprising if prerogative powers could be exercised to frustrate the will of Parliament expressed in statute or to an extent the pre empt decision of Parliament

compensation!!

Answer 43

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
Ex Parte Fire Brigades Union

Question 44

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
Miller v SoS for Exiting EU

Answer 44

Applicants contended that the prerogative power to decide to withdraw from EU treaties and to notify the EU has bene abrogated by the enactment of the European Communities Act which incorporated EU law into the UK
HELD:
The prerogative cannot be used to change domestic law or domestic rights. Government had no power to unilaterally issue a Notice of Withdrawal from the EU. Ministers require parliamentary approval before they can give such

Question 45

Applicants contended that the prerogative power to decide to withdraw from EU treaties and to notify the EU has bene abrogated by the enactment of the European Communities Act which incorporated EU law into the UK
HELD:
The prerogative cannot be used to change domestic law or domestic rights. Government had no power to unilaterally issue a Notice of Withdrawal from the EU. Ministers require parliamentary approval before they can give such

Answer 45

3.1 Do Prerogative powers conform to the basic principle that Government action must be justified by clear law?
Miller v SoS for Exiting EU

Question 46

3.2 Control of Prerogative Powers by the Courts:

GCHQ case

Answer 46

HOL considered a challenge to an instruction made by the PM which prevented staff at GCHQ belonging to a Trade Union.
HELD:
The decision making process had in fact been conducted unfairly but that national security considerations had outweighed the duty to act fairly
OBITER: LORD ROSKILL
He suggested that there are excluded categories of prerogatives such as
-the making of treaties
-the disposal of the armed forces
-defence of the realm
dissolution of Parliament

Question 47

HOL considered a challenge to an instruction made by the PM which prevented staff at GCHQ belonging to a Trade Union.
HELD:
The decision making process had in fact been conducted unfairly but that national security considerations had outweighed the duty to act fairly
OBITER: LORD ROSKILL
He suggested that there are excluded categories of prerogatives such as
-the making of treaties
-the disposal of the armed forces
-defence of the realm
dissolution of Parliament

Answer 47

3.2 Control of Prerogative Powers by the Courts:

GCHQ case

Question 48

3.2 Control of Prerogative Powers by the Courts:

Burmah Oil

Answer 48

The prerogative power to seize and destroy property during wartime was held to continue to exist, but that the Government still had a common law obligation to pay compensation

Question 49

The prerogative power to seize and destroy property during wartime was held to continue to exist, but that the Government still had a common law obligation to pay compensation

Answer 49

3.2 Control of Prerogative Powers by the Courts:

Burmah Oil

Question 50

3.4 Developments since GCHQ- the whittling away of the excluded categories:
What are the 4 cases considered?

Answer 50

-R v ex parte Rees moggies
R v ex parte Everett
R v ex parte Smith and Others
Abbasi

Question 51

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies***
R v ex parte Everett 
R v ex parte Smith and Others 
Abbasi

Answer 51

confirmed that courts would not entertain challenges to the prerogative power to conclude treaties (in this case Treaty of Maastricht)

(he always treats them right)

Question 52

confirmed that courts would not entertain challenges to the prerogative power to conclude treaties (in this case Treaty of Maastricht)

(he always treats them right)

Answer 52

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies***
R v ex parte Everett 
R v ex parte Smith and Others 
Abbasi

Question 53

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies
R v ex parte Everett ***
R v ex parte Smith and Others 
Abbasi

Answer 53

the courts were competent to review the exercise of the prerogative power of the SoS to issue passports

i need a passport to go to everest

Question 54

the courts were competent to review the exercise of the prerogative power of the SoS to issue passports

i need a passport to go to everest

Answer 54

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies
R v ex parte Everett ***
R v ex parte Smith and Others 
Abbasi

Question 55

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies
R v ex parte Everett 
R v ex parte Smith and Others ***
Abbasi

Answer 55

Concerned a challenge to the policy of the armed forces to completely exclude homosexuals from service. It was held that only the rarest cases would be non-justiciable, those which involved ‘national security’ or where the courts lack the expertise or material to form a judgement

Homosmithuals

Question 56

Concerned a challenge to the policy of the armed forces to completely exclude homosexuals from service. It was held that only the rarest cases would be non-justiciable, those which involved ‘national security’ or where the courts lack the expertise or material to form a judgement
Homosmithuals

Answer 56

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies
R v ex parte Everett 
R v ex parte Smith and Others ***
Abbasi

Question 57

the court cannot enter the forbidden areas, including decisions affecting foreign policy

Answer 57

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies
R v ex parte Everett 
R v ex parte Smith and Others 
Abbasi***

Question 58

3.4 Developments since GCHQ- the whittling away of the excluded categories: 
What are the 4 cases considered? 
-R v ex parte Rees moggies
R v ex parte Everett 
R v ex parte Smith and Others ***
Abbasi

Answer 58

the court cannot enter the forbidden areas, including decisions affecting foreign policy

Question 59

What did the Constitutional Reform Act 2010 do?

Answer 59

The power of appointment and regulation of civil servants was a prerogative one
The Act placed the Civil Service Commission on a statutory footing and granted the Minister for the Civil Service the power to manage the civil service
The decision for the executive to sign treaty is a prerogative power and is not justiciable; however the 2010 act contained provisions codifying the Ponsonby Rule, a convention that had applied to the ratification of treaties since 1924
This gave the HOC a veto on treaties
Most treaties must be laid before Parliament and may not be ratified until 21 sitting days pass without the HOC resolving that the treaty may not be ratified

Question 60

what did the fixed term Parliament act 2011 do?

Answer 60

Previously to this, the power to dissolve Parliament before it expired could be exercised as a discretionary prerogative power by the Crown under the 1715 Act
the Explanatory Notes to the Act, which are not approved by Parliament, explicitly state that the prerogative power has been abolished and that the QUeen has no residual power to dissolve Parliament
Problems?
Repeal of the At was part of the 2017 Conservative Party Manifesto
Though repeal of the act would not reverse the repeal of the 1715 unlessexplicitly added doing so.

Question 61

Previously to this, the power to dissolve Parliament before it expired could be exercised as a discretionary prerogative power by the Crown under the 1715 Act
the Explanatory Notes to the Act, which are not approved by Parliament, explicitly state that the prerogative power has been abolished and that the QUeen has no residual power to dissolve Parliament
Problems?
Repeal of the At was part of the 2017 Conservative Party Manifesto
Though repeal of the act would not reverse the repeal of the 1715 unlessexplicitly added doing so.

Which reform?

Answer 61

fixed term parliaments act 2011

Question 62

The power of appointment and regulation of civil servants was a prerogative one
The Act placed the Civil Service Commission on a statutory footing and granted the Minister for the Civil Service the power to manage the civil service
The decision for the executive to sign treaty is a prerogative power and is not justiciable; however the 2010 act contained provisions codifying the Ponsonby Rule, a convention that had applied to the ratification of treaties since 1924
This gave the HOC a veto on treaties
Most treaties must be laid before Parliament and may not be ratified until 21 sitting days pass without the HOC resolving that the treaty may not be
What reform?

Answer 62

constittional reform and governance act 2010

Question 63

What did the Political and Constittional Reform Committee 2014 do?

Answer 63

-suggested an exhaustive list of prerogative powers exercisable by the PM including;
Orders in Council
to sign or ratify treaties
declare a statement of emergency
etc
The Bill would have also removed Crown immunity from the PM enacting these powers; though no response from the Government to the report was published explicitly added doing so.

Question 64

-suggested an exhaustive list of prerogative powers exercisable by the PM including;
Orders in Council
to sign or ratify treaties
declare a statement of emergency
etc
The Bill would have also removed Crown immunity from the PM enacting these powers; though no response from the Government to the report was published explicitly added doing so.

Which reform?

Answer 64

Political and Constittional Reform Committee 2014