By David Herling
The ''Briefcase'' sequence is designed for undergraduate legislation scholars to aid with realizing the basic ideas of key situations in each one topic quarter. the straightforward and straightforward to stick with format contains a precis of key instances and proper laws below numerous subject parts, which might be learn along side greater texts. The ''Briefcase'' sequence presents priceless summaries for college kids new to the subject in addition to a refresher for these revising for assessments. ''Briefcase on Constitutional Administrative Law'' offers scholars with digests of the basic situations within the topic region, besides correct statutory fabric. because the final version used to be released, the Human Rights Act 1998 has come into strength and this version consequently contains a variety of very important new circumstances facing the appliance of the ecu conference on Human Rights as a part of English legislations. those contain the next subject matters: interaction of household legislations 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 appliance of Alconbury advancements Ltd) v Secretary of kingdom for the surroundings, shipping and the areas (2001) and R v Shayler (2002); privateness: A v B (A corporation) (2002), Campbell v replicate team Newspapers (2002) and Douglas and Zeta Jones v hi! Ltd (2003); and Parliamentary privilege: lawyer common v Jones (1999) and Hamilton v Al Fayed (1999)
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Waddington v Miah (1974) HL: Presumption applied Facts The respondent had been convicted at Grimsby Crown Court on counts of being an illegal immigrant and being in possession of a false passport, contrary to ss 24 and 26 of the Immigration Act 1971. The offences were alleged, in the indictment, to have been committed on dates before the relevant sections had come into force. The Court of Appeal quashed the convictions on the ground that the language of the 1971 Act was not apt to compel a construction according its provisions retroactive effect.
4 The courts and the proceedings of the House Bradlaugh v Gossett (1884): House of Commons absolutely entitled to determine its own composition Facts The plaintiff, an atheist, was duly elected as Member of Parliament for Northampton. The House took the view that, as an atheist, he could not sit or vote in the Commons, since he could not properly take the oath as required by statute. He was therefore prevented by a resolution of the House of Commons from taking the oath. The defendant, the Serjeant at Arms, had forcibly ejected the plaintiff when he sought to enter the House.
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.
Briefcase on Constitutional & Administrative Law by David Herling