R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Decision Making ◽  
Decision Maker ◽  
Rule Of Law ◽  
Public Law ◽  
House Of Lords ◽  
Home Department

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.

R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Decision Making ◽  
Decision Maker ◽  
Rule Of Law ◽  
Public Law ◽  
House Of Lords ◽  
Home Department

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.

R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Decision Making ◽  
Decision Maker ◽  
Public Law ◽  
House Of Lords ◽  
Home Department

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 including, for example, whether retrospective decision-making was permitted. The document also includes supporting commentary from author Thomas Webb.

Porter v Magill [2001] UKHL 67, House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Decision Making ◽  
Public Law ◽  
Case Note ◽  
House Of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Porter v Magill [2001] UKHL 67, House of Lords. This case note considers the introduction of a revised test for bias in public law decision-making. The document also includes supporting commentary from author Thomas Webb.

R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Public Law ◽  
European Convention ◽  
Secretary Of State ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Home Department ◽  
The Relationship

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 Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
National Security ◽  
Public Law ◽  
Secretary Of State ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Home Department

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. The document also includes supporting commentary from author Thomas Webb.

Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Rule Of Law ◽  
Public Law ◽  
Case Note ◽  
The Rule Of Law ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
Oil Company

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.

The Common Law, Reasons and Administrative Justice

1994 ◽  
Vol 53 (2) ◽  
pp. 282-302 ◽  
Author(s):  
P.P. Craig
Keyword(s):  
Common Law ◽  
Case Law ◽  
Public Law ◽  
Public Authorities ◽  
General Duty ◽  
House Of Lords ◽  
Recent Developments ◽  
Private And Public ◽  
The Common ◽  
Home Department

The capacity of the common law to develop and evolve is well recognised within both private and public law. This is indeed one of its enduring qualities. The objective of the present article is not, however, to contribute to the jurisprudential debate concerning the nature of the adjudicative process at common law. My object is more modest. It is to consider and place in perspective some of the recent developments which have occurred at common law in relation to the duty of public authorities to provide reasons. It is a well known and oft repeated proposition that there is no general common law duty to furnish the reasons for a decision. It is equally well known that this proposition has been the target of regular attack by those who argue that such a general duty should exist. A reconsideration of both of these propositions is timely in the light of case law developments culminating in the House of Lords' judgment in R. v. Secretary of State for the Home Department, ex p. Doody.

R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords

2017 ◽  
Author(s):  
Thomas Webb
Keyword(s):  
Public Law ◽  
House Of Lords ◽  
Home Department

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. The document also includes supporting commentary from author Thomas Webb.

Procedures of Decision-Making and the Role of Law in International Organizations

2008 ◽  
Vol 9 (11) ◽  
pp. 1939-1964 ◽  
Author(s):  
Jochen von Bernstorff
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
International Organizations ◽  
National Level ◽  
Public Law ◽  
Public Officials ◽  
Public Power ◽  
Legal Standards ◽  
Procedural Law ◽  
Wide Range

There is no general body of procedural law for decision-making in international organizations. At the same time, many of the more than 230 existing international organizations (IOs) exercise public power through legislative and regulatory activities involving a myriad of decisions taken within these institutions every day. These decisions shape societal perceptions of a wide range of pressing humanitarian-, ecological, technical- and scientific issues and direct actions taken in these fields. From a rule of law perspective any exercise of public power outside a limiting framework of public law is reason for concern. According to the domestic rule of law traditions, public law is supposed to prescribe the form in which public power is exercised. It regulates the process of decision-making by establishing binding procedures, including procedural rights of participants and affected individuals. In case of unlawful exercise of power by public officials affected persons and entities have legal recourse to an independent court or tribunal. If formalized procedural constraints for the exercise of public authority are important at the national level they are all the more so at the international level since conflicts over substantive legal standards and disagreement over community values are usually more acute.

R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Public Law ◽  
Rights Protection ◽  
Secretary Of State ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Common ◽  
Home Department

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.

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