3. The Nature of the British Constitution

2021 ◽  
pp. 49-74
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Legal Power ◽  
Wide Range ◽  
Constitutional Reforms ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter outlines the characteristics of the UK constitution, which is not a traditional written constitution and, thus, is defined as an ‘unwritten’ constitution. It is not hierarchically superior to all other law in the country, which means that Acts of Parliament cannot be compared with it by judges and be declared as unconstitutional and invalid. Neither can the UK constitution be enforced against the legislature as a result, nor is it entrenched and protected, because it can always be changed by Act of Parliament. However, it can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power. The chapter also considers the sources that make up the UK constitution and proposed constitutional reforms.

3. The Nature of the British Constitution

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Legal Power ◽  
Wide Range ◽  
Constitutional Reforms ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter outlines the characteristics of the UK constitution, which is not a traditional written constitution and thus is defined as an ‘unwritten’ constitution. It is not hierarchically superior to all other law in the country, which means that Acts of Parliament cannot be compared with it by judges and be declared as unconstitutional and invalid. Neither can the UK constitution be enforced against the legislature as a result, nor is it entrenched and protected, because it can always be changed by Act of Parliament. However, it can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power. The chapter also considers the sources that make up the UK constitution and proposed constitutional reforms.

7. Parliamentary Supremacy

2021 ◽  
pp. 185-224
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
House Of Commons ◽  
Legal Power ◽  
House Of Lords ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme law-making power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.

7. Parliamentary Supremacy: the theory

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
House Of Commons ◽  
Legal Power ◽  
House Of Lords ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme lawmaking power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.

18. Procedural Impropriety

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

Complete Public Law

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Public Law ◽  
Previous Knowledge ◽  
Law And Politics ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Secondary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Public Law combines clear explanatory text and practical learning features with extracts from a wide range of primary and secondary materials. The book has been structured with the needs of undergraduate courses in mind. Opening with consideration of basic constitutional principles (in which no previous knowledge is assumed), the chapters move on to cover all other essential areas, before closing with consideration of the principles and procedures of judicial review. This edition includes a new chapter on executive accountability through a range of methods including tribunals, inquiries and alternative dispute resolution. The book has now been fully updated to account for the latest developments in constitutional law and politics, including the constitutional pathway to ‘Brexit’.

Complete Public Law

2021 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Public Law ◽  
The European Union ◽  
Previous Knowledge ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Secondary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Public Law combines clear explanatory text and practical learning features with extracts from a wide range of primary and secondary materials. The book has been structured with the needs of undergraduate courses in mind. Opening with consideration of basic constitutional principles (in which no previous knowledge is assumed), the chapters move on to cover all other essential areas, before closing with consideration of the principles and procedures of judicial review. This edition includes substantial updates to address the UK’s withdrawal from the European Union and the constitutional implications these new arrangements have, including in the context of devolution.

20. Judicial Review: Putting It All Together in Problem Answers

2021 ◽  
pp. 680-692
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
The Body ◽  
The Other ◽  
Final Assessment ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Legal Opinion

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter ties together the loose strands of judicial review to provide a checklist of issues that must be considered in order to diagnose a judicial review problem and to provide a legal opinion for clients. The following questions are addressed: What are judicial review problem questions designed to test? How does one approach a judicial review problem question? How does one approach whether the body may be judicially reviewed? How does one approach whether the client has standing or may intervene in an action? How does one approach whether the other preconditions are met? How does one approach the grounds for review? How does one deal with issues of remedy? How does one provide a final assessment to the client?

19. Remedies

2021 ◽  
pp. 652-679
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Public Authority ◽  
The Public ◽  
Wide Range ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the remedies granted by the court. If a claimant successfully establishes that the public authority has acted in contravention of one of the grounds of review, then the court may grant a remedy. The purpose of a remedy is to tell the public authority what it has to do to comply with the judgment and to ensure, as far as possible, that it obeys the courts’ decision. There are two main types of remedies available in judicial review cases: ordinary remedies (injunction, declaration, and damages) and prerogative remedies (quashing order, prohibiting order, and mandatory order). The chapter also discusses situations that may cause the court to refuse a remedy and the courts’ powers to grant a remedy under the Human Rights Act 1998 (HRA 1998), including a declaration of incompatibility in accordance with section 4 HRA 1998.

16. Illegality

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Public Authorities ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Discretionary Powers

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines ‘illegality’ as a ground for judicial review. Central to judicial review is the idea of ultra vires, which is the principle that public authorities have to act within their legal powers, and that if they act or fail to act consistently with their legal powers, they will be acting unlawfully. Case law on the exercise of discretionary powers by public authorities is discussed. The issue of jurisdiction is also considered, in particular, the distinction between errors of law and errors of fact.

3. Sovereignty and sources of law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

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