Shared Flashcard Set

Details

Theory
Cases
4
Law
Undergraduate 1
05/18/2013

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Cards

Term
Rule of Law
Definition
R (Witham) v LC - courts must be accessible, can't raise cost of HoL
Liversidge v Anderson - alice in wonder 'reasonable cause'
Purdy v DPP - DPP uncertainty over assisted suicided needed clarification
Ahmed v HM Treasury - assumed adherence to RoL and HR in statute
ex p Anufrijeva - BINGHAM justified JR on certainty grounds
Entick v Carrington – law will be found in our books – mustn’t shift attitude of what law is
Term
Conventions
Definition
AG v Jonathan Cape - memoir allowed despitev 'collective responsibility'
Re amendment of constitution of Canada - courts enforce laws not conventions
Term
Separation of powers
Definition
Fire brigades union - 3-2 minister couldn't ignore (repeal) statutory compensation scheme
Munjaz v Mersey care - code by minster could be ignored if considered my mental hospital
Marbury v Madison (US) - confrontation between branches
Term
Parliamentary Sovereignty
Definition
Ellen Street Estates v MOH - endorses implied repeal
Jackson - Hale: p can do anything including entrench upwards + Steyn = new view
Thoburn - can't abandon its sovereignty
Dr Bonham's Case - strike-down if repugnant act
Anisminic - refusal to obey ouster clause
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