Briefcase on Constitutional & Administrative Law (Briefcase by David Herling

By David Herling

The "Briefcase" sequence is designed for undergraduate legislations scholars to aid with realizing the basic rules of key circumstances in each one topic quarter. the straightforward and straightforward to stick to structure contains a precis of key instances and appropriate laws below a number of subject parts, which are learn together with greater texts. The "Briefcase" sequence presents worthwhile summaries for college students new to the subject in addition to a refresher for these revising for assessments. "Briefcase on Constitutional Administrative legislation" offers scholars with digests of the fundamental instances within the topic zone, in addition to suitable statutory fabric. because the final version was once released, the Human Rights Act 1998 has come into strength and this version accordingly incorporates a variety of very important new circumstances facing the appliance of the eu conference on Human Rights as a part of English legislation. those contain the subsequent issues: interaction of family legislation with the conference: Douglas v hi! Ltd (2001) and Venables and Thompson v information crew Newspapers (2001); The making of declarations of incompatibility: R (on the appliance of Alconbury advancements Ltd) v Secretary of country for the surroundings, shipping and the areas (2001) and R v Shayler (2002); privateness: A v B (A corporation) (2002), Campbell v reflect workforce Newspapers (2002) and Douglas and Zeta Jones v hi! Ltd (2003); and Parliamentary privilege: lawyer normal v Jones (1999) and Hamilton v Al Fayed (1999)

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Comment For an example of retroactive criminal legislation, see the War Crimes Act 1991, though those responsible for it argued that it was not retroactive as such, since it did not create liability where none had existed, but created a mechanism to give a British court jurisdiction. 4 Briefcase on Constitutional & Administrative Law Retroactivity and the common law C v Director of Public Prosecutions (1994–95) Divisional Court and HL: Courts could not make retroactive change to the common law so as to create criminal liability where none had previously existed Facts A rebuttable presumption of incapacity of harm applied to children aged between 10 and 13.

No question, as I understand it, arises of questioning the validity of any decision of the House or its Committee or making any suggestion of improper motive. Accordingly, in so far as it is appropriate for me to make any comment on the exercise of the House’s judgment about a matter over which they have exclusive jurisdiction … I express the hope that they will approach the matter sympathetically. Prebble v Television New Zealand Ltd (1994) PC: MP cannot waive privilege, as it is privilege of Parliament rather than of individual members Facts The defendant company broadcast a television programme in which it alleged that the plaintiff, a minister in the New Zealand Government, had abused his position by conspiring to assist certain business interests during a privatisation in return for party political donations.

This change was strongly criticised during debates on the Defamation Bill, since it allowed an MP to opt in and out of privilege as it suited him. Hamilton v Al Fayed (1999) CA: Parliamentary investigation of conduct of MP was a proceeding in Parliament and could not be the subject of court proceedings, but legal action based on facts investigated by Parliament might go ahead Facts The plaintiff, a former Member of Parliament, waived his parliamentary privilege pursuant to s 13 of the Defamation Act 1996 and began defamation proceedings against the defendant in respect of the defendant’s allegations that the plaintiff had taken money from him as payment for asking questions in Parliament.

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