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Description

This latest publication in the Straightforward Guides Series, Guide to Public Law is a comprehensive introduction to Public Law and all that entails, constitutional law and the rule of law generally covering the workings of government, Parliament, constitutional monarchy, the legislative process, Tribunals, European Law and administrative law and the powers of police.

Informations

Publié par	Straightforward Publishing
Date de parution	25 mai 2017
Nombre de lectures	5
EAN13	9781847167453
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

A STRAIGHTFORWARD GUIDE TO PUBLIC LAW
ROBERT FRANKS
www.straightforwardco.co.uk
Straightforward Guides
Straightforward Publishing 2017
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or other wise, without the prior permission of the copyright holder.
British Cataloguing in Publication data. A catalogue record is available for this book from the British Library.
ISBN: 978-1-84716-705-7 eISBN: 978-1-84716-470-4 Kindle ISBN: 978-1-84716-471-1
Printed in the United Kingdom by 4Edge www.4edge.co.uk
Cover Design by Bookworks Islington
Whilst every effort has been made to ensure that the information in this book is accurate at the time of going to print, the author and publisher recognise that the information can become out of date. The book is therefore sold on the understanding that no responsibility for errors and omissions is assumed and no responsibility is held for the information held within.
CONTENTS
Table of cases
Introduction
Ch.1 Public Law-The History of the British Constitution
Ch.2 The Nature of the British Constitution
Ch.3 Sources of Constitutional Law
Ch.4 The Rule of law
Ch.5 Administration of Government
Ch.6. Parliament
Ch.7 Electoral law
Ch.8 The European Community-Development and Public Law
Ch.9 Human Rights in UK law
Ch.10 Police Organisation
Ch.11 Public Order
Ch.12 Judicial Review

Index
Table of Cases
Achbita v G4S 2016
Alconbury Developments Limited) v Secretary of State for the Environment, Transport and the Regions (2001)
Anisminic v Foreign Compensation Commission (1968)
Appleby and others v. the United Kingdom (2003)
Anufrijeva v Southwark (2004)
Ashby v White (1703)
Associated Provincial Picture Houses Ltd v Wednesbury Corp (1948)
Attorney General v De Keyser s Royal Hotel (HL 1920).
Att-Gen v Fulham Corporation (1921)
Attorney General v Jonathan Cape Ltd (1975)
Beach v Freeson (HC 1972)
Bibby v Chief Constable of Essex Police (2000).
Bowles v Bank of England (1913).
British Rail Board v Pickin (HL 1974).
Chandler v DPP (1964)
Church of Scientology v Johnson Smith (HC 1972)
Costa v ENEL (Case 6/64) 1964
Council for Civil Service Unions v Minister of the Civil Service (HL 1984)
Dingle v Associated Newspapers (1960).
DPP v Jones (HL 1999)
Duncan v Jones 1936
Edinburgh and Dalkeith Railway v Wauchope (HL 1842).
Ellen Street Estates Ltd v The Minister of Health (CA 1934)
Entick v Carrington 1765
Eweida v United Kingdom 2013
Flockhart v Robinson (1950
Godden v Hales (1686)
Hirst v UK (ECHR 2004
Laker Airways v Department of Trade (HC 1976)
Laporte v The Chief Constable of Gloucestershire (2004)
L v Birmingham City Council (2008)
Macarthy Ltd v Smith (CA 1979)
Magill v Porter 2001
McConnell v Chief Constable of Greater Manchester Police (CA 1990)
McLeod v Commissioner of Police for the Metropolis (1994)
Marbury v Madison (1803)
Matthews v Ministry of Defence (2003)
Moss and Others v Mclachlan (1984)
Nicol and Selvanayagam v DPP (1995)
Pickin v British Rail Board (1974)
Port of London Authority, ex p Kynoch Ltd (1919)
Prebble v Television New Zealand Ltd (1995)
R v Alconbury Developments Ltd v Secretary of state (2001)
R v Davison 1992
R v Dixon 1993
R v Fleming and Robinson(1989).
R. V Howell (1982).
R v Jordan (1967)
R v Mahroof (1988)
R v HM the Queen in Council, ex parte Vijayatunga, (1988)
R v Secretary of State for the Environment, ex p
Nottinghamshire County Council 1986
R v Shayler (HL 2001
Redmond-Bate v DPP (1999
Short v. Poole Corporation 1926
Stockdale v Hansard (1839)
Taylor v Co-operative Retail Services (1982)
Thoburn v Sunderland City Council (2003)
Thomas v Sawkins (1935)
Van Gend en Loos v Nederlandse Administratie Der Belastinge (case 26/62) 1963.
Introduction
A Straightforward Guide to Public Law is a wide ranging book covering all the relevant law and practice that constitutes the operation of constitutional and administrative law in the United Kingdom.
The book starts by placing the history of the growth of the constitution in the UK, from the Magna Carta onwards. Within this context, we then examine the actual nature of the British constitution, and its unwritten nature and how it has formed relative to those countries with a written constitution. We look at sources of constitutional law, and the rule of law, examining Dicey s famous exposition.
From this point we look at the administration of government, how it functions, examining the role of Parliament, and the role of the players on a day to day basis plus the formulation and passage of legislation. We also look at Electoral law and how the process of voting works in the UK, which serves to elect those politicians who form the government. The civil service is examined, which is non-elected, along with its functions.
The European Community, its development and impact on public law is outlined and also Human Rights law. Within this context we look at the Referendum to exit the EU BREXIT and its future impact on public law.
The final chapters deal with police organisation and public order, plus the process of judicial review, which gives the right to challenge decisions of public bodies. This brief but comprehensive book should prove invaluable to both students and layperson in understanding the meaning and operations of public law in the United Kingdom.
Ch.1
Public law-The History of the British Constitution
The below represents, not a complete history of The British Constitution, but an overview of key events in history which serve to give a background to the development, meaning and existence of the Constitution and the role it plays in current political life.
To gain an understanding of the development of the British constitution it is necessary to go back more than a thousand years.
Before the Norman conquest of England, what is now recognised as England came about in 927 AD when the last of the Heptarch kingdoms fell under the rule of the English King. Until 1066, and the Battle of Hastings, England was ruled by monarchs who were elected by the witan (wise).
Following the Battle of Hastings in 1066, and the Norman invasion, Henry 1 st of England came to the throne (1068) When he ascended to the throne he granted the Charter of Liberties. Although this document was not a bill of rights as such it did grant a series of decrees and assurances. The charter, at the outset, states that by the mercy of god and the common counsel of the barons of the whole kingdom of England I have been crowned king of the whole kingdom
This statement, and its intent, represents a move away from absolute monarchy and a step towards constitutionalism. Essentially, within this statement the king had recognised that the right to rule came not only from god but also from the common counsel of the barons.
The importance of this charter, and this particular point in time, is that the power structure in England evolved from an essentially absolutist model to a constitutional model.
The Plantagenets
The ascension of King John (1167-1216) was another very important milestone in constitutional history. The period of his rule was marked by conflict resulting in the signing of the Magna Carta (Great Charter), which was issued in 1215.
The Magna Carta is of massive importance in that it influenced the development of common law and many other constitutional documents, such as the American Bill of Rights. It was originally written because of disagreements between Pope Innocent 111, King John and the English barons about the rights of the King. Magna Carta required the King to renounce certain specific rights, respect certain legal procedures and accept that his will could be bound by law. It protected certain rights of the King s subjects, most notably the writ of Habeas Corpus, which allowed appeal against unlawful imprisonment. By the late 19 th century most of the original clauses had been repealed from English law.
The Magna Carta was the first document forced on an English King, limiting his powers by law. By the time of the Civil war it had become an important symbol for those who wished to show that the King was bound by the law. The actual Magna Carta which remains on the statute books of England and Wales is an amended 1297 version.
Henry the Third succeeded his father and was forced to accept the existence of the first English Parliament.
The Tudors
The first Act of Supremacy (1534) made King Henry V111 the supreme head of the Church of England. The second Act of Supremacy (1559) restored these powers to Elizabeth the 1 st , reversing Catholic legislation passed during the reign of Mary, who had sought to overturn it.
The monarchy had to get the consent of Parliament in all issues. In turn, Parliament showed loyalty to the monarch which, however, decreased when the Spanish Armada was defeated (1588) and Parliament felt safe once more. The House of Commons had grown sharply, doubling in size, mainly due to the prosperity of the middle-class during that time.
James V1
When Queen Elizabeth 1 st died in 1603 she was succeeded by her cousin James V1 of Scotland, the son of Mary, Queen of Scots, and he became James 1 st of England This was a major step in the creation of a United Kingdom. James V1 faced a fractious religious England containing Anglicans, Puritans, Separatists (who wanted to break from the Anglican Church) and Catholics. James V1 was a believer in the Divine Right of Kings Theory which stated that Kings were chosen by God. Though he was a Presbyterian he was against the Presbyterian idea of allowing the congregation (people) to elect their Presbyters (church officials) since it undermined his absolutism.
The Civil War
James was succeeded by his son who became Charles 1 st in 1625. He also believed in Divine Right Theory and continued to