PUBLIC LAW AND RESEARCH SKILLS
2022/23
Key:
A1, 2, 3, 4...: case numbers that relate to specific topics in the notes
Terminology defined at the end of each section
Case name: definitely necessary
LANDMARK CASES
*Accidentally repeated 4 in 48 & 50 – keep as is so to not make cases and their corresponding
sections incompatible
o Entick v Carrington (1765) 19 St Tr 1030 1
o Rice v Connolly [1966] 2 QB 414 2
o Council of Civil Service Unions v Minister for the Civil Service (GCHQ) [1985] AC 374 3
o A and Others v Secretary of State for the Home Department [2004] UKHL 56 4
o Jackson and Others v Her Majesty’s Attorney General [2005] UKHL 56 5
o R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] 1
All ER 593 6
o R (on the application of Miller) v Prime Minister [2019] 4 All ER 299 7
o Re Amendment of the Constitution of Canada [1981] 8
o Marbury v Madison I Cranch 103 (1803) 9
o M v Home Office and Another [1994] 1 AC 377 (HL) 10
o R v Lord Chancellor, ex parte Witham [1998] QB 575 11
o Shaw v DPP [1966] 12
o R v R [1992] 13
o R v Brown [1993] 14
o M v Home Office and Another [1994] 1 AC 377 (HL) 15
o McGonnell v UK (2000) 30 EHRR 289 16
o R (Chaytor) v AG [2010] 17
o R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) 18
o Burmah Oil Company v Lord Advocate [1965] AC 75 19
o Mortensen v Peters (1906) 14 SLT 227 20
o Cheney v Conn (1968) 1 All ER 779 21
o R v Jordan [1967] Crim LR 483 22
o Ex parte Cannon Selwyn (1872) 36 J.P. 54 23
o Edinburgh & Dalkeith Railway Co v Wauchope (1842) 8 CL and F 710 24
o BRB v Pickin [1974] AC 765 25
o Vauxhall Estates v Liverpool Corporation [1932] 1 KB 733 26
o Ellen Street Estates v Minister of Health [1934] 1 KB 590 27
o Thoburn v Sunderland City Council [2002] EWHC 195 (Admin) 28
o R v SS for Transport ex p. Factortame (no 2) [1991] AC 603 29
o McCann v UK (1995) 21 EHRR 97 30
o Osman v UK (1999) 29 EHRR 245 31
o Ireland v UK (1976) 2 EHRR 245 32
o Tyrer v UK (1978) 2 EHRR 1 33
o Chahal v UK (1997) 23 EHRR 643 34
o Brogan v UK (1998) 11 EHRR 117 35
o Austin v UK (2012) 55 EHRR 14 36
o V and T v UK (2000) 30 EHRR 121 37
o Airey v Ireland (1979) 2 EHRR 305 38
, o Dudgeon v UK (1981) 4 EHRR 149 39
o Smith and Grady v UK (2000) 29 EHHR 40
o Malone v UK (1984) 7 EHRR 14 41
o Hatton v UK (2003) 37 EHRR 28 42
o SAS v France (2015) 60 EHRR 11 43
o Eweida & others v UK (2013) 57 EHRR 8 44
o Sunday Times v UK (1979) 2 EHRR 245 45
o Handyside v UK (1976) EHRR 737 46
o Abdulaziz v UK (1985) EHRR 471 47
o A and others v Secretary of State for the Home Department [2004] UKHL 56 48
o Ghaidan v Godin-Mendoza [2004] UKHL 30 49
o A and others v Secretary of State for the Home Department [2004] 50
o Al-Skeini v UK 51
o A v UK [1998] 27 ECHR 1690 52
o Hirst v UK (No. 2) [2005] ECHR 681 53
o R v A [2001] UKHL 25; Times 24th May 2001 54
o Bellinger v Bellinger [2003] UKHL 21 55
o R v SSHD ex p Anderson [2002] UKHL 46 56
o AG v Jonathan Cape [1976] QB 752 57
o Liversidge v Anderson [1942] AC 2016 58
o R v SS Home Affairs ex p Hosenball [1977] 1 WCR 766 59
o S and Marper v UK (2009) EHHR 50 60
o Osman v United Kingdom (1998) 29 EHRR 245 61
o Kahn v UK (2001) 62
o Mustapha Osman v Southwark Crown Court [1999] EWHC Admin 622 (1st July, 1999) 63
o R v Fennelly [1989] Crim LR 142 CC 64
o R v Paris, Abdullahi and Miller (1994) 65
o Gillan & Quinton v UK (2010) 66
Public Law Introduction
• Public law relates to the State and its institutions
• United Kingdom = State
• State consisting of constituent countries: England, Scotland, Wales, and Northern Ireland
• It’s about power – who has it? How do they use it?
• Three categories of public law: constitutional law, administrative law, human rights
What is a constitution?
- The “assemblage of laws, institutions, and customs”
- A set of fundamental laws of a state by which a country is organised and governed
- Superior to all other laws of the land
- Formal document that outlines key rules
- Narrow room for interpretation
- General system which the community has agreed to be governed
- Usually made once a country gains independence
- Special legal sanctity
Purposes of a constitution:
- Prevents the abuse of power by certain organs of government
- Creation of democratic order
, - Prevention of tyranny
- Organised government
- Keeping order and preventing uncertainty
What is the law relating to the constitution?
- Identifies the sources, purposes, uses, and restraints on public power
- Concerned with the power within individual nation states
- Constitutional law legitimises and authorises the ordinary law of the land giving it validity
Constitutional law:
- Regulation of the relationship between citizen and state
- Regulation of the composition, powers, and relationship of the organs of government
Organs of state government:
- Legislature: Law making body
o Legislative power
o Made up of: The Crown, The House of Commons, and The House of Lords
- Executive: The Administration
o Formal head: the King
o Acting head: Prime Minister
o Consists of PM, Lord Chancellor (important minister with a role in protecting judicial
independence), Cabinet, local forces (army, police, etc)
- Judiciary: The Courts
o Adjudicate on disputes concerning the meaning and application of the law
o Judges swear allegiance to the King
o Independent and neutral institution
o Lots of power – constitution is unwritten; no supreme laws. Judges decide what the law
implies in any case
o HL used to be the Supreme Court – was separated and now the Supreme Court
oversees the Judiciary
o Supreme court is the highest court
o Composition:
1. The Judicial Executive Board
2. The Tribunals Judicial Executive Board
3. The Judges’ Council
4. The allocation of day-to-day responsibilities
5. The organisation of jurisdictional responsibilities
6. The Judicial Office
7. Organisation of the courts and tribunals
The Parliament:
- Supreme legislative body of the UK
- Meets at the Palace of Westminster
- Composed of:
o House of Commons (democratically elected body (Members of Parliament))
o House of Lords
o The Monarchy/ Crown
, Classification of Constitutions
WRITTEN UNWRITTEN
Single legal document Diverse sources
Clear statement of basic values Less certain and clear
Superior – enforceable in a Supreme Court No special status – part of ordinary law
Higher form of law UK, Israel & New Zealand
RIGID FLEXIBLE
Certain aspects unalterable Laws not entrenched
Difficult to change Respond quickly to change
Special procedures No special procedure
UK/ Norway/ France
SUPREME SUBORDINATE
Legislative powers unlimited Legislative powers limited by higher authority
SEPARATED POWERS FUSED POWERS
Clearly defined allocation of power Power can be in the hands of one institution –
totalitarian state
FEDERAL UNITARY
Division of power between central government No separate provincial government
and individual states
Power can be devolved
PRESIDENTIAL PARLIAMENTARY
Separation of Legislature & Executive functions Legislature & Executive functions merged (UK:
branches closely entwined)
MONARCHICAL REPUBLICAN
Monarch as Head of State President as Head of State
In some republics, the President is the Head of
State and the Government
The UK Constitution’s Main Features:
- Largely unwritten
- Evolutionary
- Flexible (but with continuity)
- Supreme – Parliamentary sovereignty
- Balance of Power?
- Unitary?
- Parliamentary
- Monarch retains a constitutional role (limited authority)
- No superior legal status
Arguments for and against having a codified, written constitution
• For:
- Clear laws laid out that citizens can easily access and understand how they’re being
governed
- It cannot be easily altered – less risk of frivolous decisions & law making
- Reduces conflict between the institutions of a State
- A supreme set of laws would protect the rights of the citizens (rigid – difficult to take away/
alter)
2022/23
Key:
A1, 2, 3, 4...: case numbers that relate to specific topics in the notes
Terminology defined at the end of each section
Case name: definitely necessary
LANDMARK CASES
*Accidentally repeated 4 in 48 & 50 – keep as is so to not make cases and their corresponding
sections incompatible
o Entick v Carrington (1765) 19 St Tr 1030 1
o Rice v Connolly [1966] 2 QB 414 2
o Council of Civil Service Unions v Minister for the Civil Service (GCHQ) [1985] AC 374 3
o A and Others v Secretary of State for the Home Department [2004] UKHL 56 4
o Jackson and Others v Her Majesty’s Attorney General [2005] UKHL 56 5
o R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] 1
All ER 593 6
o R (on the application of Miller) v Prime Minister [2019] 4 All ER 299 7
o Re Amendment of the Constitution of Canada [1981] 8
o Marbury v Madison I Cranch 103 (1803) 9
o M v Home Office and Another [1994] 1 AC 377 (HL) 10
o R v Lord Chancellor, ex parte Witham [1998] QB 575 11
o Shaw v DPP [1966] 12
o R v R [1992] 13
o R v Brown [1993] 14
o M v Home Office and Another [1994] 1 AC 377 (HL) 15
o McGonnell v UK (2000) 30 EHRR 289 16
o R (Chaytor) v AG [2010] 17
o R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) 18
o Burmah Oil Company v Lord Advocate [1965] AC 75 19
o Mortensen v Peters (1906) 14 SLT 227 20
o Cheney v Conn (1968) 1 All ER 779 21
o R v Jordan [1967] Crim LR 483 22
o Ex parte Cannon Selwyn (1872) 36 J.P. 54 23
o Edinburgh & Dalkeith Railway Co v Wauchope (1842) 8 CL and F 710 24
o BRB v Pickin [1974] AC 765 25
o Vauxhall Estates v Liverpool Corporation [1932] 1 KB 733 26
o Ellen Street Estates v Minister of Health [1934] 1 KB 590 27
o Thoburn v Sunderland City Council [2002] EWHC 195 (Admin) 28
o R v SS for Transport ex p. Factortame (no 2) [1991] AC 603 29
o McCann v UK (1995) 21 EHRR 97 30
o Osman v UK (1999) 29 EHRR 245 31
o Ireland v UK (1976) 2 EHRR 245 32
o Tyrer v UK (1978) 2 EHRR 1 33
o Chahal v UK (1997) 23 EHRR 643 34
o Brogan v UK (1998) 11 EHRR 117 35
o Austin v UK (2012) 55 EHRR 14 36
o V and T v UK (2000) 30 EHRR 121 37
o Airey v Ireland (1979) 2 EHRR 305 38
, o Dudgeon v UK (1981) 4 EHRR 149 39
o Smith and Grady v UK (2000) 29 EHHR 40
o Malone v UK (1984) 7 EHRR 14 41
o Hatton v UK (2003) 37 EHRR 28 42
o SAS v France (2015) 60 EHRR 11 43
o Eweida & others v UK (2013) 57 EHRR 8 44
o Sunday Times v UK (1979) 2 EHRR 245 45
o Handyside v UK (1976) EHRR 737 46
o Abdulaziz v UK (1985) EHRR 471 47
o A and others v Secretary of State for the Home Department [2004] UKHL 56 48
o Ghaidan v Godin-Mendoza [2004] UKHL 30 49
o A and others v Secretary of State for the Home Department [2004] 50
o Al-Skeini v UK 51
o A v UK [1998] 27 ECHR 1690 52
o Hirst v UK (No. 2) [2005] ECHR 681 53
o R v A [2001] UKHL 25; Times 24th May 2001 54
o Bellinger v Bellinger [2003] UKHL 21 55
o R v SSHD ex p Anderson [2002] UKHL 46 56
o AG v Jonathan Cape [1976] QB 752 57
o Liversidge v Anderson [1942] AC 2016 58
o R v SS Home Affairs ex p Hosenball [1977] 1 WCR 766 59
o S and Marper v UK (2009) EHHR 50 60
o Osman v United Kingdom (1998) 29 EHRR 245 61
o Kahn v UK (2001) 62
o Mustapha Osman v Southwark Crown Court [1999] EWHC Admin 622 (1st July, 1999) 63
o R v Fennelly [1989] Crim LR 142 CC 64
o R v Paris, Abdullahi and Miller (1994) 65
o Gillan & Quinton v UK (2010) 66
Public Law Introduction
• Public law relates to the State and its institutions
• United Kingdom = State
• State consisting of constituent countries: England, Scotland, Wales, and Northern Ireland
• It’s about power – who has it? How do they use it?
• Three categories of public law: constitutional law, administrative law, human rights
What is a constitution?
- The “assemblage of laws, institutions, and customs”
- A set of fundamental laws of a state by which a country is organised and governed
- Superior to all other laws of the land
- Formal document that outlines key rules
- Narrow room for interpretation
- General system which the community has agreed to be governed
- Usually made once a country gains independence
- Special legal sanctity
Purposes of a constitution:
- Prevents the abuse of power by certain organs of government
- Creation of democratic order
, - Prevention of tyranny
- Organised government
- Keeping order and preventing uncertainty
What is the law relating to the constitution?
- Identifies the sources, purposes, uses, and restraints on public power
- Concerned with the power within individual nation states
- Constitutional law legitimises and authorises the ordinary law of the land giving it validity
Constitutional law:
- Regulation of the relationship between citizen and state
- Regulation of the composition, powers, and relationship of the organs of government
Organs of state government:
- Legislature: Law making body
o Legislative power
o Made up of: The Crown, The House of Commons, and The House of Lords
- Executive: The Administration
o Formal head: the King
o Acting head: Prime Minister
o Consists of PM, Lord Chancellor (important minister with a role in protecting judicial
independence), Cabinet, local forces (army, police, etc)
- Judiciary: The Courts
o Adjudicate on disputes concerning the meaning and application of the law
o Judges swear allegiance to the King
o Independent and neutral institution
o Lots of power – constitution is unwritten; no supreme laws. Judges decide what the law
implies in any case
o HL used to be the Supreme Court – was separated and now the Supreme Court
oversees the Judiciary
o Supreme court is the highest court
o Composition:
1. The Judicial Executive Board
2. The Tribunals Judicial Executive Board
3. The Judges’ Council
4. The allocation of day-to-day responsibilities
5. The organisation of jurisdictional responsibilities
6. The Judicial Office
7. Organisation of the courts and tribunals
The Parliament:
- Supreme legislative body of the UK
- Meets at the Palace of Westminster
- Composed of:
o House of Commons (democratically elected body (Members of Parliament))
o House of Lords
o The Monarchy/ Crown
, Classification of Constitutions
WRITTEN UNWRITTEN
Single legal document Diverse sources
Clear statement of basic values Less certain and clear
Superior – enforceable in a Supreme Court No special status – part of ordinary law
Higher form of law UK, Israel & New Zealand
RIGID FLEXIBLE
Certain aspects unalterable Laws not entrenched
Difficult to change Respond quickly to change
Special procedures No special procedure
UK/ Norway/ France
SUPREME SUBORDINATE
Legislative powers unlimited Legislative powers limited by higher authority
SEPARATED POWERS FUSED POWERS
Clearly defined allocation of power Power can be in the hands of one institution –
totalitarian state
FEDERAL UNITARY
Division of power between central government No separate provincial government
and individual states
Power can be devolved
PRESIDENTIAL PARLIAMENTARY
Separation of Legislature & Executive functions Legislature & Executive functions merged (UK:
branches closely entwined)
MONARCHICAL REPUBLICAN
Monarch as Head of State President as Head of State
In some republics, the President is the Head of
State and the Government
The UK Constitution’s Main Features:
- Largely unwritten
- Evolutionary
- Flexible (but with continuity)
- Supreme – Parliamentary sovereignty
- Balance of Power?
- Unitary?
- Parliamentary
- Monarch retains a constitutional role (limited authority)
- No superior legal status
Arguments for and against having a codified, written constitution
• For:
- Clear laws laid out that citizens can easily access and understand how they’re being
governed
- It cannot be easily altered – less risk of frivolous decisions & law making
- Reduces conflict between the institutions of a State
- A supreme set of laws would protect the rights of the citizens (rigid – difficult to take away/
alter)
