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Key Module Cases

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A document covering the key cases covered in the first year law module Constitutional and Administrative law. The document provides the key facts and key point of law for each case in a concise form. Perfect to help you learn for the exam.

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Uploaded on
April 2, 2018
Number of pages
15
Written in
2016/2017
Type
Case
Professor(s)
Unknown
Grade
Unknown

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Case Fact Rule of Law
Carltona v Commissioner of Was the requisitooiong of a Carltona Principle: ministers
Works factory lawful if it was sub- can sub-delegate to
delengated? responsible ofcials in t the
same department w there a
function is big.
Madzibamuto v Lardner-Burke Britsh colooy of S. Rhodesia, No convention thas legal efect
(Rhodesia) uoilaterally declared its in limiting t the power of
iodepeodeoce. Britsh ngovt. Parliament. Westminster is
said this was illengal. supreme. prisoner
Cooveotoo that UK ngovt.
could oot lengislate without
cooseot of Rhodesiao ngovt.
rengardiong uolawful deteotoo.
AG v Johnathon Cape D published secret Conventions thave no legal
documeots cootrary to efect, t thet can onlt add
cooveotoo requiriong cabioet’s weig tht to a decision.
approval. Issue was where
cooveotoo could be the cause
of ao iojuoctoo.
Re Amendment of the SC of Caoada discussed Quebec did not thave a veto bt
Canadian Consttuton whether there is a CC.
coosttutooal cooveotoo
ngiviong the provioce of Quebec
a veto over Ameodmeots to
the Coosttutoo of Caoada.
The issue arose wheo SC ruled
there is a cooveotoo requiriong
a substaotal dengree of
proviocial cooseot for
ameodmeots.
AG v De Keyser’s Royal Hotel Hotel requisitooed duriong the Statute will alwats prevail
war. Uoder statute, over prerogative powers
compeosatoo must be paid.
Uoder prerongatve, oo
compeosatoo had to be paid.
Held that statutory powers
must be used.
BBC v Johns BBC claimed to be ao New prerogative powers
emaoatoo of the Crowo aod cannot be created – t thet must
thus was immuoe from payiong alreadt be recognised at CL.
iocome tax. Diplock: it is 350 tears and a
civil war too late for t the
queen’s court to broaden t the
prerogative.”
Burmah Oil v Lord Advocate Fields destroyed by troops io Court theld compensation
WW2 to preveot them falliong s thould be paid and
ioto eoemy haods. The issue Parliament retrospectivelt
was whether they were liable introduced War Damage Act
to compeosate – it was lawful 1965 to prevent similar
duriong the war, but also a claims.
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