{"title":"R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0040","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0040","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 Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court. The Court was asked to consider whether the Henry VIII powers granted under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 permitted the Secretary of State for Justice to introduce a residency test into the provisions regulating legal aid. The case raises wider questions about the oversight and review of Henry VIII powers. 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":"121706031","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":"A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0001","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 A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. 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":"127007389","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 Evans) and another v Attorney General [2015] UKSC 21, Supreme Court","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0037","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0037","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 Evans) and another v Attorney General [2015] UKSC 21, Supreme Court. This case concerns whether Parliament can have intended for a statutory provision to allow a member of the executive to overturn the decision of a court without good, clearly articulated reasons (Lord Mance), or contrary to constitutional principle (Lord Neuberger). The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"8 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":"126125110","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 Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division)","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0036","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0036","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 Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"57 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":"133171445","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 Environment, ex parte Rose Theatre Trust Co. [1990] 1 QB 504, High Court (Queen’s Bench Division)","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0029","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0029","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 Environment, ex parte Rose Theatre Trust Co. [1990] 1 QB 504, High Court (Queen’s Bench Division). The case concerned whether an interest group formed to protect a recently rediscovered Elizabethan theatre had sufficient interest to bring a judicial review against a decision not to protect the theatre. The case is considered with the Fleet Street Casuals case [1982] AC 617 and Greenpeace (No. 2) [1994] 2 CMLR 548 in mind. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"31 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":"131457862","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 Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0033","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0033","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 Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court. This case examined the circumstances under which the Upper Tribunal would be subject to judicial review. There is also some discussion of ouster clauses. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"2674 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":"127214409","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 for the Home Department, ex parte Pierson [1998] AC 539, House of Lords","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0028","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0028","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 for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"10 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":"133759716","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 Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0041","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0041","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 Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Coke to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"91 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":"117293948","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":"AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46, Supreme Court","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0005","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 AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46, Supreme Court. This case addressed the extent to which Acts of the Scottish Parliament (ASPs) were reviewable by the courts, the special status of ASPs, and regularized the rules on standing as between English and Scots law. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"17 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121014802","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 Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division)","authors":"T. Webb","doi":"10.1093/he/9780191842832.003.0025","DOIUrl":"https://doi.org/10.1093/he/9780191842832.003.0025","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 Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division). This case concerned whether organizations could demonstrate a sufficient interest for the purposes of bringing a judicial review on the basis of their expert knowledge and the public interest in bringing an application for review. The document also includes supporting commentary from author Thomas Webb.","PeriodicalId":299991,"journal":{"name":"Essential Cases: Public Law","volume":"42 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":"123627758","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}