Download Briefcase on Constitutional & Administrative Law (Briefcase by David Herling PDF

By David Herling

The "Briefcase" sequence is designed for undergraduate legislation scholars to help with realizing the basic ideas of key situations in every one topic region. the straightforward and straightforward to keep on with format encompasses a precis of key circumstances and appropriate laws below a variety of subject components, which might be learn at the side of better texts. The "Briefcase" sequence presents necessary summaries for college kids new to the subject in addition to a refresher for these revising for assessments. "Briefcase on Constitutional Administrative legislations" offers scholars with digests of the basic instances within the topic zone, in addition to proper statutory fabric. because the final variation used to be released, the Human Rights Act 1998 has come into strength and this variation hence contains a variety of very important new situations facing the appliance of the ecu conference on Human Rights as a part of English legislation. those contain the next subject matters: interaction of household legislation with the conference: Douglas v hi! Ltd (2001) and Venables and Thompson v information crew Newspapers (2001); The making of declarations of incompatibility: R (on the applying of Alconbury advancements Ltd) v Secretary of country for the surroundings, delivery and the areas (2001) and R v Shayler (2002); privateness: A v B (A corporation) (2002), Campbell v replicate staff Newspapers (2002) and Douglas and Zeta Jones v hi! Ltd (2003); and Parliamentary privilege: legal professional common v Jones (1999) and Hamilton v Al Fayed (1999)

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The Home Secretary appealed and the applicant cross-appealed on his application against the Home Office. Decision The House of Lords held that the courts below had erred in holding that there was no jurisdiction in these circumstances for the ordering of an injunction or the finding of contempt. Injunctive power was to be inferred from s 31 of the Supreme Court Act 1981. The power to make a finding of contempt existed as a matter of principle and necessity, albeit only against a minister or department, and not directly against the Crown.

Comment For an example of retroactive criminal legislation, see the War Crimes Act 1991, though those responsible for it argued that it was not retroactive as such, since it did not create liability where none had existed, but created a mechanism to give a British court jurisdiction. 4 Briefcase on Constitutional & Administrative Law Retroactivity and the common law C v Director of Public Prosecutions (1994–95) Divisional Court and HL: Courts could not make retroactive change to the common law so as to create criminal liability where none had previously existed Facts A rebuttable presumption of incapacity of harm applied to children aged between 10 and 13.

Sections 108–17 of and Scheds 6 and 7 to the Criminal Justice Act 1988 substantially gave statutory enactment to the scheme. Section 171 provided that ‘… this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed … for different provisions’. No order had been made under the section to bring the statutory scheme into force and the original scheme was still in operation. In a White Paper, published in December 1993, the government proposed to introduce a tariff system of compensation for criminal injuries, using prerogative powers.

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