scholarly journals Crown act of state and detention in Afghanistan

2020 ◽  
Vol 71 (2) ◽  
pp. 109-133
Author(s):  
Jane Rooney
Keyword(s):  
Supreme Court ◽  
Armed Conflict ◽  
Public Law ◽  
Private Law ◽  
The Public ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Executive Action ◽  
Uk Supreme Court ◽  
The Uk

The Serdar Mohammed litigation signalled a decisive change in judicial attitude towards scrutiny of extraterritorial executive action in armed conflict. The most significant indicator of a change in judicial attitude was the reinstatement of the act of state doctrine in the private law claim in tort. Act of state bars tort claims against the Crown when the Crown acts outside of its territory. The UK Supreme Court characterised act of state as a non-justiciability doctrine. The article argues that the UK Supreme Court exercised extreme deference in its adjudication of the act of state in the private law claim. This deference was then mirrored in the reasoning employed in the public law claim under the Human Rights Act 1998, departing from international and domestic standards on detention in armed conflict.

Cross-fertilisation of Constitutional Ideas

2013 ◽  
Author(s):  
Petra Butler
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Case Law ◽  
Bill Of Rights ◽  
House Of Lords ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Uk Supreme Court ◽  
The Uk

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an overview of the relevant New Zealand case law but also compares the courts' approaches to those of their UK counterparts, in particular the UK Supreme Court (formerly, the House of Lords) in regard to section 3 of the UK Human Rights Act 1998. It is argued that the perceived difference in the approaches can be explained by different contexts rather than different methodology. The chapter thereby questions the view held in New Zealand that the UK courts, and especially the Supreme Court, are more activist than the New Zealand courts.

Osborn v Parole Board [2013] UKSC 61, before the UK Supreme Court

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Common Law ◽  
European Convention ◽  
Parole Board ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Uk Supreme Court ◽  
The Uk ◽  
Article 5

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Osborn v Parole Board [2013] UKSC 61, UK Supreme Court. This case concerned three applicants who, it was contended, had been subject to procedurally unfair processes by the Parole Board. In arguing their cases they had primarily relied upon Article 5(4) of the European Convention on Human Rights (ECHR). The UKSC preferred the common law principle of procedural fairness. This note examines that principle and the concept of common law rights more generally in relation to the ECHR and the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

Transplanting Irrationality from Public to Private Law: Braganza v BP Shipping Ltd

2019 ◽  
Vol 23 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Chris Himsworth
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Public Law ◽  
The Other ◽  
Private Law ◽  
The One ◽  
Uk Supreme Court ◽  
The Uk ◽  
High Degree ◽  
Discretionary Powers

For many years, similarities have been noticed between the motivations for, and the methods of, controlling the exercise of discretionary powers on the one hand, in public law and, on the other hand, in contract law. There has, however, been much disagreement about how far the two processes should aligned, and whether the grounds of review in public law should be extended into the contractual domain. In Braganza v BP Shipping Ltd [2015] UKSC 17, the UK Supreme Court sought a high degree of alignment through the adoption, in a contractual dispute, of public law standards of reasonableness. This article offers a critique of the Court's arguments in the case and its consequences for contract law.

R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Supreme Court ◽  
Public Law ◽  
Case Note ◽  
Legal Issues ◽  
Assisted Dying ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Primary Focus ◽  
Uk Supreme Court ◽  
Commit Suicide

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 Nicklinson) v Ministry of Justice [2014] UKSC 38, UK Supreme Court. The case concerned assisted dying, specifically whether s. 2 of the Suicide Act 1961 was incompatible with the Human Rights Act 1998 (Nicklinson and Lambs’ cases), and whether the prosecution guidance on assisting someone to commit suicide issued by the Director of Public Prosecutions was sufficiently clear (Martin’s case). However, the primary focus of this case note is on the justices’ discussion of the respective competences of Parliament and the courts to resolve the legal issues in this area. The document also includes supporting commentary from author Thomas Webb.

Concentrate Questions and Answers Public Law

2016 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Separation Of Powers ◽  
Freedom Of Expression ◽  
Public Law ◽  
Police Powers ◽  
Parliamentary Sovereignty ◽  
Wide Range ◽  
Questions And Answers ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to public law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The second chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.

R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Public Law ◽  
Case Note ◽  
Legal Issues ◽  
Assisted Dying ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Primary Focus ◽  
Commit Suicide

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 Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The case concerned assisted dying, specifically whether s. 2 of the Suicide Act 1961 was incompatible with the Human Rights Act 1998 (Nicklinson and Lambs’ cases), and whether the prosecution guidance on assisting someone to commit suicide issued by the Director of Public Prosecutions was sufficiently clear (Martin’s case). However, the primary focus of this case note is on the justices’ discussion of the respective competences of Parliament and the courts to resolve the legal issues in this area. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Public Law ◽  
Secretary Of State ◽  
Human Rights Act ◽  
Human Rights Act 1998

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 Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court. This case addressed a further challenge to the rules against prisoner voting (see Hirst), and considered the limits of the courts’ role in relation to legislation deemed incompatible with the Human Rights Act 1998. Here the court was sceptical of the value of making a further declaration of incompatibility in an area where such declarations had already been made. The document also includes supporting commentary from author Thomas Webb.

RIGHTS AND FUNDAMENTAL RIGHTS IN ENGLISH LAW

2016 ◽  
Vol 75 (1) ◽  
pp. 86-108
Author(s):  
Philip Sales
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Fundamental Rights ◽  
European Convention ◽  
Private Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law

AbstractThis paper examines the role of rights and fundamental rights in English public law and private law in recent times. It argues that the idea of fundamental rights has been more significant in the filed of public law and seeks to explain why. It compares the operation of domestic fundamental rights with the rights in the European Convention of Human Rights and suggests a methodology for identifying the existence and scope of the former. The paper considers the possible legal effects which might follow from repeal of the Human Rights Act 1998.

Concentrate Questions and Answers Public Law

2018 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Separation Of Powers ◽  
Freedom Of Expression ◽  
Public Law ◽  
Police Powers ◽  
Parliamentary Sovereignty ◽  
Wide Range ◽  
Questions And Answers ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to public law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The second chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.

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