{"title":"R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191897689.003.0058","DOIUrl":"https://doi.org/10.1093/he/9780191897689.003.0058","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords. The substantive issue in this case concerned an unsuccessful claim for asylum on the basis of a fear of religious persecution. However, the focus of this case note is on Lord Bingham’s views on the extent to which the jurisprudence of the European Court of Human Rights should influence the deliberations of the domestic courts in their application of the Human Rights Act 1998’via the ‘mirror principle’. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133485552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council","authors":"T. Webb","doi":"10.1093/he/9780191897689.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780191897689.003.0005","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122864487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191897689.003.0026","DOIUrl":"https://doi.org/10.1093/he/9780191897689.003.0026","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125365201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights","authors":"T. Webb","doi":"10.1093/he/9780191897689.003.0066","DOIUrl":"https://doi.org/10.1093/he/9780191897689.003.0066","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116187980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191897689.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780191897689.003.0011","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Noami Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122628184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"R (on the application of Abassi) v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for the Home Department [2002] EWCA Civ 1598, before the Court of Appeal","authors":"T. Webb","doi":"10.1093/HE/9780191868306.003.0034","DOIUrl":"https://doi.org/10.1093/HE/9780191868306.003.0034","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Abassi v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for the Home Department [2002] EWCA Civ 1598, before the Court of Appeal. This case concerned, among other things, whether foreign policy decisions made by the executive could ever constitute justiciable matters arguable before the courts. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121933298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council","authors":"T. Webb","doi":"10.1093/HE/9780191868306.003.0004","DOIUrl":"https://doi.org/10.1093/HE/9780191868306.003.0004","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"181 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121006504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0035","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0035","url":null,"abstract":"Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords. This case considered whether a blanket policy excluding prisoners from cell searches was a proportionate response that was necessary to achieve the aim of that policy. There is also discussion of whether the common law could provide an alternative system of rights protection to that under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125976043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Blackburn v Attorney General [1971] 1 WLR 1037, Court of Appeal (Civil Division)","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0006","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blackburn v Attorney General [1971] WLR 1037, Court of Appeal (Civil Division). This note concerns three issues, (i) the capacity of the government to enter into treaties, (ii) the ability of Parliament to legislate for the UK to enter the European Community, as was, and (iii) whether Parliament can place limits on its sovereignty, and that of future parliaments. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125542761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590, Court of Appeal","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0012","url":null,"abstract":"\u0000 Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ellen Street Estates, Limited v Minister of Health [1934] 1 KB 590, Court of Appeal. This case concerned whether provisions enacted by an earlier Westminster parliament could bind the legislative choices of a future Westminster parliaments. The arguments of Wade and Jennings over Diceyan and ‘manner and form’ approaches to this issue are discussed. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122219297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}