Landmark Cases in Public Law

by Satvinder Juss, Paul Mitchell, Maurice Sunkin

Overview

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.

Product Details

ISBN-13:	9781509925834
Publisher:	Bloomsbury Academic
Publication date:	11/01/2018
Series:	Landmark Cases
Pages:	376
Product dimensions:	6.14(w) x 9.21(h) x 0.77(d)

About the Author

Satvinder Juss is a Professor of Law at King's College London.
Maurice Sunkin is Professor of Public Law at the University of Essex.

Table of Contents

Foreword v

Preface vii

Notes on Contributors xv

Table of Cases xvii

Table of Legislation xxxiii

1 Entick v Carrington [1765]: Revisited All the King's Horses Richard Gordon 1

I Introduction 1

II The Facts and Issues 2

III Why Entick v Carrington is a Landmark 4

2 Ridge v Baldwin [1964]: 'Nuff Said' SH Bailey 11

I Introduction 11

II The Context: Natural Justice in the 1950s 11

III The Context: Policing 15

IV The Context: The Brighton Conspiracy Trial 17

V Reception of the Decision in Ridge v Baldwin 33

VI Conclusion 39

3 Padfield v Ministry of Agriculture Fisheries and Food [1968]: Judges and Parliamentary Democracy Maurice Sunkin 43

I Introduction 43

II Background 45

III The Issues 46

IV The Court Decisions 47

V Lord Morris's Dissent 52

VI The Aftermath 53

VII Padfield and the Constitutional Architecture 54

VIII Conclusions 61

4 Anisminic Ltd v Foreign Compensation Commission [1968]: In Perspective David Feldman 63

I The Suez Crisis and its Consequences 63

II Sinai Mining's Dealings with the Egyptians 64

III The UK Government Establishes the Egypt Fund 66

IV Anisminic's Application to the Foreign Compensation Commission 68

V Anisminic Launches a Challenge to the Determination 70

VI The First-Instance Judgment of Browne J 72

VII The Commission and the Foreign Office Decide Whether to Appeal 74

VIII The Court of Appeal's Judgment 76

IX Anisminic's Appeal to the House of Lords 78

X The Ratio 80

XI Responses to the Judgment 1: Legislation 83

XII Reception of the Judgment 2: The Commission re-determines Anisminic's Claim 90

XIII The Demise of Anisminic Ltd 91

XIV Anisminic's Long-term Significance 92

5 Council of Civil Service Unions v Minister for the Civil Service [1984]: Reviewing the Prerogative Richard Drabble 97

I Introduction 97

II The Place of the GCHQ Judgment in the Development of Modern Administrative Law 100

III Reviewability of the Prerogative 105

IV GCHQ-The Prerogative in the Lords 109

V Datafin 111

VI Conclusion 113

6 The Pactortame Litigation; Sovereignty in Question John McEldowney 115

I Introduction 115

II Facts of the Pactortame Case in the Context of Britain's Maritime History 117

III The Common Fisheries Policy (CFP) and the Merchant Shipping Act 1988 121

IV The Litigation 127

V The Pactortame Aftermath 129

VI Impact on the UK's Legal System 129

VII Sovereignty in Question 131

VIII Conclusion 138

7 Mv The Home Office [1992]: Ministers and Injunctions Christopher Forsyth 143

I Introduction 143

II A Tangled Tale: How It All Came About 144

III Putting the Rule of Law 'back on the rails': Part One Proceedings for Contempt of Court 149

IV Putting the Rule of Law 'back on the rails': Part Two Judicial Review and the Coercion of Ministers 154

V The Enforcement of Injunctions against Ministers: Why Have no Ministers Been Sent to Gaol? 157

VI The Scottish Dimension 158

VII Conclusion 159

8 A v Secretary of State for the Home Department [2005]: The Belmarsh Case Richard Clayton 161

I Introduction 161

II The Anti-Terrorism Crime and Security Act 2001 162

III The Human Rights Act (LIRA) 1998 166

IV The Issues before the House of Lords 169

V The House of Lords' Decision 176

VI The Strasbourg Decision 179

9 R v North and East Devon Health Authority [2001]: Coughlan and the Development of Public Law Kirsty Hughes 181

I Introduction 181

II What is a Landmark Case? 183

III Was Coughlan a Turning Point? The Law of Legitimate Expectations prior to Coughlan 184

IV The Decision in Coughlan 190

V Limited Enforcement of Substantive Legitimate Expectations Post-Coughlan 193

VI Setting out Guidance and Identifying the Boundaries of a Concept-The Coughlan Legacy 197

VII Establishing the Principles of Administrative Law 201

VIII Conclusion 207

10 R (Jackson) v Attorney-General [2005]: Reviewing Legislation Elizabeth Wicks 211

I Introduction: The Hunting Act 2004 and the Legal Challenge in Jackson 211

II Background: The Parliament Acts 213

III The Judgment 220

IV Jackson in Context: The Evolution of a Constitutional Democracy 228

V Parliament Limiting its own Sovereignty: The Manner and Form Argument 232

VI Legal Constitutionalism: The Rule of Law as the Ultimate Controlling Factor 233

VII Conclusion 236

11 Bancoult and the Royal Prerogative in Colonial Constitutional Law Satvinder S fuss 239

I Introduction 239

II Judicial Scrutiny of Colonial Law 243

III The Chagos Islanders 252

IV Colonial Legislatures and The Rule of Law 258

V Confusion in the House of Lords 262

VI Conclusion 266

12 AXA General Insurance Ltd v HM Advocate and Others [2012]: The Nature of Devolved Legislation and the Role of the Courts The Honourable Mr Justice Lewis 271

I Introduction 271

II The AXA Case 272

III The Structure of the Devolution Settlements 273

IV The First Issue-Determining The Scope of Legislative Competence 274

V The Second Issue-The Nature of Devolved Legislation and the Role of the Courts 274

VI Conclusion 283

13 Evans v Attorney General [2015]: The Underlying Normativity of Constitutional Disagreement Thomas Fairclough 285

I Introduction 285

II Entangled in a Factual Web: History of the Black Spider Memos Litigation 286

III The Justices' Judgments 289

IV Disagreement in the Supreme Court 292

V Interpreting Evans 295

VI Normative Reasoning and Doctrinal Change 299

VII Conclusion 302

Epilogue: Miller, the Legislature and the Executive Paul Craig 305

I Limits on Prerogative Power: The Ambiguities 306

II Limits on Prerogative Power: Values and the Resolution of Ambiguities 308

III Limits on Prerogative Power: The 'Legal' and the 'Political' 311

Index 315