{"title":"R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC))","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0038","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0038","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 HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). This case concerns the interpretation of constitutional statutes, in particular what should happen where two constitutional statutes conflict with one another. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"81 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":"133003371","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 v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0024","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0024","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 v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals). This case concerns when and how an assessment of an applicant’s standing (or interest, locus standi) should be made for the purposes of determining whether they may bring a judicial review. Lord Diplock’s judgment provided a liberal approach to the assessment of standing as compared with the approaches offered by his fellow judges. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"49 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":"133497708","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":"Ridge v Baldwin [1964] AC 40, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0042","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0042","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 Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"59 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114040574","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":"Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0008","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 Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords. This case, read together with the War Damage Act 1965, outlines the capacity of Parliament to enact retroactive legislation. The case note discusses this in the context of the rule of law and parliamentary sovereignty. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"37 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":"123915208","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":"Mosely v United Kingdom [2011] ECHR 774, European Court of Human Rights","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0016","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0016","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 Mosely v United Kingdom [2011] ECHR 774, European Court of Human Rights. This case provides an exemplar of the challenges of balancing Article 8 and Article 10 rights under the European Convention on Human Rights (ECHR) and Schedule 1 of the Human Rights Act 1998 in the context of press regulation. There is also discussion of the qualified nature of these two rights. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"49 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":"121817303","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":"M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M)","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0015","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 M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"45 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":"123237180","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 v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0030","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0030","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 v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Secretary of State could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. It raises questions as regards the limits of the prerogative power, and the separation of powers in the United Kingdom’s constitution. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"3 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":"130445573","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 v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division)","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0026","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0026","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 R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division). This case concerns the constitutionality of fees payable to access court processes where the applicant's limited financial means render them unable to pay those fees. More generally it concerns the capacity of the common law to provide rights protections, notwithstanding the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"30 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":"134013473","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":"Re Amendment to the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada","authors":"T. Webb","doi":"10.1093/HE/9780191868306.003.0047","DOIUrl":"https://doi.org/10.1093/HE/9780191868306.003.0047","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 Re Amendment to the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada. This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"69 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":"122424533","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":"Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court","authors":"T. Webb","doi":"10.1093/HE/9780191868306.003.0015","DOIUrl":"https://doi.org/10.1093/HE/9780191868306.003.0015","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 Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, UK Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"44 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":"117302466","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}