Landmark Cases in Public Law

Description

Landmark Cases in Public Law answers the need for an historical examination of the leading cases in this field, an examination which is largely absent from the standard textbooks and journal articles of the day. Adopting a contextualised historical approach, this collection of essays by leading specialists in the field provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis. This approach enables each author to throw light on the driving forces behind the judicial outcomes, and shows how the final reasoning of the court was ultimately as much dependent upon such human factors as the attitudes, conduct, and personalities of the parties, their witnesses, their counsel, and the judges, as the drive to seek legal realignment with the political developments that were widely perceived to be taking place. In this way, this form of analysis provides an exposition of the true stories behind these landmark cases in public law. Foreword Preface Contents Notes on Contributors Table of Cases Table of Legislation 1 Entick v Carrington [1765] Revisited: All the King"s Horse I. Introduction II. The Facts and Issues III. Why Entick v Carrington is a landmark 2 Ridge v Baldwin [1964]: "Nuff Said" I. Introduction II. The Context: Natural Justice in the 1950s III. The Context: Policing IV. The Context: The Brighton Conspiracy Trial V. Reception of the Decision in Ridge v Baldwin VI. Conclusion 3 Padfield v Ministry of Agriculture Fisheries and Food [1968]: Judges and Parliamentary Democracy1 I. Introduction II. Background III. The Issues IV. The Court Decisions V. Lord Morris"s Dissent VI. The Aftermath36 VII. Padfield and the Constitutional Architecture VIII. Conclusions 4 Anisminic Ltd v Foreign Compensation Commission [1968]: In Perspective I. The Suez Crisis and its Consequences II. Sinai Mining"s Dealings with the Egyptians III. The UK Government Establishes the Egypt Fund IV. Anisminic"s Application to the Foreign Compensation Commission V. Anisminic Launches a Challenge to the Determination VI. The First-Instance Judgment of Browne J VII. The Commission and the Foreign Office Decide Whether to Appeal VIII. The Court of Appeal"s Judgment IX. Anisminic"s Appeal to the House of Lords X. The Ratio XI. Responses to the Judgment 1: Legislation XII. Reception of the Judgment 2: The Commission re-determines Anisminic"s Claim XIII. The Demise of Anisminic Ltd XIV. Anisminic"s Long-term Significance 5 Council of Civil Service Unions v Minister for the Civil Service [1984]: Reviewing the Prerogative I. Introduction II. The Place of the GCHQ Judgment in the Development of Modern Administrative Law III. Reviewability of the Prerogative IV. GCHQ-The Prerogative in the Lords V. Datafin VI. Conclusion 6 The Factortame Litigation: Sovereignty in Question I. Introduction II. Facts of the Factortame Case in the Context of Britain"s Maritime History III. The Common Fisheries Policy (CFP) and the Merchant Shipping Act 1988 IV. The Litigation V. The Factortame Aftermath VI. Impact on the UK"s Legal System VII. Sovereignty in Question VIII. Conclusion 7 M v The Home Office [1992]: Ministers and Injunctions I. Introduction II. A Tangled Tale: How It All Came About III. Putting the Rule of Law "back on the rails": Part One Proceedings for Contempt of Court IV. Putting the Rule of Law "back on the rails": Part Two Judicial Review and the Coercion of Ministers V. The Enforcement of Injunctions against Ministers: Why Have no Ministers Been Sent to Gaol? VI. The Scottish Dimension VII. Conclusion 8 A v Secretary of State for the Home Department [2005]: The Belmarsh Case I. Introduction II. The Anti-Terrorism Crime and Security Act 2001 III. The Human Rights Act (HRA) 1998 IV. The issues before the House of Lords V. The House of Lords" Decision VI. The Strasbourg Decision 9 R v North and East Devon Health Authority [2001]: Coughlan and the Development of Public Law I. Introduction II. What is a Landmark Case? III. Was Coughlan a Turning Point? The Law of Legitimate Expectations prior to Coughlan IV. The Decision in Coughlan V. Limited Enforcement of Substantive Legitimate Expectations Post-Coughlan VI. Setting out Guidance and Identifying the Boundaries of a Concept-The Coughlan Legacy VII. Establishing the Principles of Administrative Law VIII. Conclusion 10 R (Jackson) v Attorney-General [2005]: Reviewing Legislation I. Introduction: The Hunting Act 2004 and the Legal Challenge in Jackson II. Background: The Parliament Acts III. The Judgment IV. Jackson in Context: The Evolution of a Constitutional Democracy V. Parliament Limiting its own Sovereignty: the Manner and Form Argument VI. Legal Constitutionalism: the Rule of Law as the Ultimate Controlling Factor VII. Conclusion 11 Bancoult and the Royal Prerogative in Colonial Constitutional Law I. Introduction II. Judicial Scrutiny of Colonial Law21 III. The Chagos Islanders IV. Colonial Legislatures and the Rule of Law V. Confusion in the House of Lords VI. Conclusion 12 AXA General Insurance Ltd v HM Advocate and Others [2012]: The Nature of Devolved Legislation and the Role of the Courts I. Introduction II. The AXA Case III. The Structure of the Devolution Settlements IV. The First Issue-Determining The Scope of Legislative Competence V. The Second Issue-The Nature of Devolved Legislation and the Role of the Courts VI. Conclusion 13 Evans v Attorney General [2015]: The Underlying Normativity of Constitutional Disagreement I. Introduction II. Entangled in a Factual Web: History of the Black Spider Memos Litigation III. The Justices" Judgments IV. Disagreement in the Supreme Court V. Interpreting Evans VI. Normative Reasoning and Doctrinal Change VII. Conclusion Epilogue: Miller, the Legislature and the Executive I. Limits on Prerogative Power: The Ambiguities II. Limits on Prerogative Power: Values and the Resolution of Ambiguities III. Limits on Prerogative Power: The "Legal" and the "Political" INDEX