Constitutional and administrative law fifth edition

This new edition has been thoroughly revised and fully updated to include: • Details of the Treaty of Lisbon and further developments relating to EU enlargement and reform of its decisio

Constitutional and Administrative Law, now in its fifth edition, offers an

up-to-date, interesting and inquiring treatment of this wide-ranging and

dynamic subject This text is designed to meet the needs of modular course

structures at undergraduate and diploma level The mass of new legislation

in the area is considered alongside the various political, social and cultural

factors that have shaped them

This new edition has been thoroughly revised and fully updated to include:

• Details of the Treaty of Lisbon and further developments relating to EU

enlargement and reform of its decision-making processes

• The continuing debate and further proposals for reform of the House of

Lords

• Recent changes to the parliamentary and legislative processes including

legislative reform orders

• Important case law developments concerning the rules of parliamentary

privilege, the extent of the Crown’s remaining legislative prerogatives and

of the prerogative in foreign affairs, the extra-territorial application of the

Human Rights Act, and judicial interpretation of the recent anti-terrorist

legislation

• Content of the new broadcasting code

• The newly created system of statutory tribunals

In addition the text offers a wealth of study support that includes:

• Clearly distinguished case summaries that enable students to quickly

recognise the key cases and differentiate them from surrounding

commentary

• Chapter summaries that highlight the main points covered in each

chapter, cementing understanding

• Further reading lists at the end of each chapter that direct students to

subject-specific resources to enrich understanding

• Easy-to-read, two-colour text design with tabbed glossary and

pedagogical features for quick reference

• Marginal cross-references that help students understand how the material

fits together

About the Author

alex carroll, MPhil, LLB, Cert Ed, was formerly Senior Lecturer in

Law at Manchester Metropolitan University He has also taught at the

University of Manchester, Keele University, and the University of

This text is supported by a my lawchamber

website which includes:

For students: regular case and legislation

updates, web links, interactive self-test questions, practice assessment questions, an online glossary and flashcards for key terms.

For lecturers: a testbank of multiple-choice

questions that can be used to assess students’

progress.

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CASE

N

Constitutional and Administrative Law

Ni`kk\en`k_c\Xie`e^`ed`e[#k_\j\k\okjXccfnjkl[\ekjkf^X`eXjfc`[ le[\ijkXe[`e^f]k_\cXn%<XZ_Yffbgi\j\ekjk_\jlYa\ZkZc\XicpXe[

XZZ\jj`Ycp]fi\]]\Zk`m\Xe[jXk`j]p`e^jkl[p%

ALEX CARROLL

Manchester Metropolitan University

Constitutional and Administrative Law

Fifth Edition

Pearson Education Limited

Edinburgh Gate

Harlow

Essex CM20 2JE

England

and Associated Companies throughout the world

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First published 1998

Second edition published 2002

Third edition published 2003

Fourth edition published 2007

Fifth edition published 2009

© Financial Times Professional 1998

© Pearson Education Limited 2002, 2003, 2007, 2009

The right of Alex Carroll to be identified as author of this work has been

asserted by him in accordance with the Copyright, Designs and Patents Act 1988 All rights reserved No part of this publication may be reproduced, stored in

a retrieval system, or transmitted in any form or by any means, electronic,

mechanical, photocopying, recording or otherwise, without either the prior

written permission of the publisher or a licence permitting restricted copying

in the United Kingdom issued by the Copyright Licensing Agency Ltd,

Saffron House, 6–10 Kirby Street, London EC1N 8TS.

Crown Copyright material is reproduced with the permission of the Controller

of HMSO and the Queen’s Printer for Scotland.

Law Commission Reports are reproduced under the terms of the Click-Use Licence ISBN: 978-1-4058-9911-6

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Typeset in 9/12pt Stone Serif by 35

Printed by Ashford Colour Press Ltd., Gosport

The publisher’s policy is to use paper manufactured from sustainable forests.

For my late Mother, Father, and brother John, and for Frances and

‘the boys’ (Joe, Matthew, Daniel and Sam)

Guided tour xviii

4 The European Union: institutions of government and

15 Grounds for judicial review: illegality, irrationality and

Brief contents

BRIEF CONTENTS

21 Restrictions on the rights of freedom of assembly

22 Restrictions of the rights of freedom of expression

Contents

4 The European Union: institutions of government and

7 The House of Commons: Members of Parliament 129

Right of the House to punish for breach of privilege and contempt

CONTENTS

CONTENTS

Sources of public law power 314

CONTENTS

CONTENTS

Statutory public order offences 522

CONTENTS

CONTENTS

Visit the Constitutional and Administrative Law, Fifth Edition, mylawchamber

material

FOR STUDENTS

Do you want to give yourself a head start come exam time?

Companion website support

administrative law

latest developments

administrative law

Worried about getting to grips with cases?

Case Navigator*

This unique online support helps you to improve your case reading and analysis skills

should have grasped

prepared for seminars and discussions

Also: The regularly maintained Companion Website provides the following features:

For more information please contact your local Pearson Education sales representative or visit

www.mylawchamber.co.uk/carroll

* Please note that access to Case Navigator is free with the purchase of this book, but you must register with us for access Full registration instructions are available on the website The LexisNexis element of Case Navigator is only available to those who currently subscribe to LexisNexis Butterworths online.

Guided tour

Case summaries highlight the facts and

key legal principles of essential cases

that you need to be aware of in your

study of constitutional and administrative

law

proceedings They did not have any existing or pre-existing legal rights to protect.

The validity of by-laws may also be questioned in prosecutions for alleged

contraven-tion of the same (see R v Reading Crown Court, ex parte Hutchinson [1988] QB 384; Boddington v British Transport Police, The Times, 3 April 1998).

Abuse of power where statutory remedy provided

Public law issues may also be argued outwith review proceedings where a statute provides its own alternative remedy for dealing with abuses of the powers contained therein.

Buckley v The Law Society [1983] 2 All ER 1039

In this case, the defendants, acting under the Solicitors Act 1957, took control of the plaintiff’s solicitors so affected could contest the Law Society’s decisions in the Chancery Division, proceeding by way of originating summons The plaintiff solicitor abided by these procedural dictates The Law Society, however – apparently in an attempt to avoid his subsequent legal profession emanated from statute, they were in nature and origin manifestly public law procedure, it was argued, he would have been unlikely to secure discovery since this is seldom awarded against bodies exercising judicial or disciplinary functions Sir Robert McGarry VC, in the Chancery Division, said it would be ‘remarkable indeed’ if the Law Society could resort to

a specific statutory power to discipline a solicitor but the solicitor could not rely on the was of a public nature, the complainant was not disqualified from using the statutory remedy information in their possession on which to base a finding of dishonesty against the plaintiff.

reme-Judicial review and contractual powers

Public law procedure is not the appropriate method for challenging the decisions of ernment agencies when exercising contractual powers.

the events of 1909–11 when the House offlagrant breach of the conventional rule rethe House of Commons The matter was

life of Parliament)

Self-interest

Ambition for high public office is rarely w

of the political and constitutional system

For the Parliament Act 1911, see Chapter 9,

pp 190–191.

Marginal cross-references direct you to

other places in the text where the same

subject is discussed, helping you to

make connections and understand how

the material fits together

l whether, and in what circumstances, the 1998 Act may be applied retrospectively;

l judicial review of government decisions alleged to contravene human rights obligations;

l application of the Act in the UK since it took affect in October 2000.

References

Amos (2006) Human Rights Law: A Textbook for UK Lawyers, London: Hart Publishing.

Loveland (1996) Constitutional Law: A Critical Introduction, London: Butterworths.

Rowe and Hoffman (2003) Human Rights in the United Kingdom, London: Longman.

Suggestions for Further reading at the

end of each chapter encourage you to

delve deeper into the topic and read

those articles which will help you to gain

higher marks in both exams and

assessments

Chapter summaries located at the end

of each chapter draw together the key

points that you should be aware of

following your reading, and provide a

useful checklist for revision

Clear headings and subheadings keep

you firmly focused and constantly aware

of the context and structure of each

chapter

GUIDED TOUR

A full Glossary located at the back ofthe book can be used throughout yourreading to clarify unfamiliar terms

Reference sections are tabbed to allowyou to navigate quickly to key informationwithin the text

Companion websiteUse the Companion website at

www.mylawchamber.co.uk/carroll

to find extensive resources designed toassist you with your study, including examstyle questions with answer guidance, multiple choice quizzes, web links to useful resources, and regular legalupdates on developments in constitutionaland administrative law

Case Navigator providesaccess and guidance tokey cases in the subject

to improve your casereading and analysisskills

Glossary

Ab initio – from the outset or from the beginning.

Absolute Privilege – the complete legal immunity given to certain types of speech, e.g words spoken in judicial or parliamentary proceedings.

Absolute right – one that permits of no exceptions

or modifications to accommodate other interests, e.g ECHR Art 3, prohibition or torture.

Abuse of process – use of a judicial procedure for a purpose for which it was not designed.

Actio popularis – literally ‘popular action’, used

to refer to legal proceedings against a government authority commenced by an individual whose grievance is no greater than other members of the general public.

by five years imprisonment or more or for which the sentence was fixed by law, e.g life for murder.

Art – Article.

Attorney-General – government’s senior law

Bonham’s (Dr) Case (1610) 8 Co Rep 114 94, 118 ,

340 , 353 Bookbinder v Tebbit [1992] 1 WLR 217 296 Bouamer v Belgium (1988) 11 EHRR 1 408 Bourgoin SA v Ministry of Agriculture, Fisheries and

Bozgan v Romania [2007] 35097/02 428 Bracknell v United Kingdom [2007] ECHR 989 401

Bradbury v Enfield London BC [1967] 1 WLR 1311 338

Bradlaugh v Clarke (1883) LR 8 App Cas 354 197 Bradlaugh v Gossett (1884) LR 12 QBD 271 211 , 217 Brannigan and McBride v United Kingdom (1993)

17 EHRR 539 407, 435 Brasserie du Pecheur SA v Germany [1996] 2 WLR

506 285

Brickley and Kitson v The Police, unreported, July

1988 512

British Coal Corp v King, The [1935] AC 500 109

Burmah Oil Co v Lord Advocate [1965] AC 75 39 , 97 ,

244 , 253 , 260 , 298 Buron v Denman (1848) 2 Ex 167 254 Buscarini v San Marino (2000) 30 EHRR 208 421 Bushell v Secretary of State for the Environment

[1981] AC 75 348, 593 , 594 Caballero v United Kingdom (2000) 30 EHRR 643 407

Cable v United Kingdom (2000) 30 EHRR 1032 413 Cakici v Turkey (2001) 31 EHRR 133 404 Calder (John) (Publications) Ltd v Powell [1965]

No attempt has been made to produce an exhaustive reference book covering all thoseissues which might conceivably fall within the boundaries of the subject Rather the bookconcentrates on those topics which form the essential core of most constitutional andadministrative law syllabi currently taught in further and higher education institutions.Recent years have witnessed many significant changes to the law and the practise ofthe British constitution Detailed comment on these changes has been included notwith-standing that in some contexts, e.g those of the House of Lords and of the EuropeanUnion, the process of change is not yet complete Hence, in addition to parliamentaryreform, extensive coverage is given to such further innovations as the detailed codes forthe regulation of broadcasting, further case law definition of the Human Rights Act, thegranting of increased power to combat terrorism, and the introduction of a new system

of administrative tribunals

As with most law books many of the legal principles included are explained by reference to particular judicial decisions The approach taken here has been to discussthose cases which illustrate the principles in issue most clearly or those which exemplifytheir most recent application

Constitutional and administrative law cannot be fully understood without reference

to the nation’s political history and its social and cultural development The subject isalso of great topical interest and is in a constant process of change and adjustment withmany of its principles and cases resulting from, or relating to, recent political controver-sies Hence, while every attempt has been made to explain the necessary principles asprecisely and succinctly as possible, it has also been the author’s intention to do so in away which places these in their contextual framework This approach is intended to giveinsight into the relationship between the subject and those various political, historicaland cultural factors which have influenced and shaped its nature and content

The author is greatly indebted to all those who have helped in the book’s compilationand production Particular and belated thanks is due to Mr R H Buckley, one-timePrincipal Lecturer in Law at Manchester Metropolitan University, for all his help andadvice over the years and for first exciting the author’s interest in the subject

Alex Carroll

Table of cases

Case Navigator cases are highlighted in bold.

A v Secretary of State for the Home Department

Agricultural, Horticultural and Forestry Industry

Training Board v Aylesbury Mushrooms [1972]

Air Canada v Secretary of State for Trade [1983] 2 AC

Alfred Crompton Amusement Machines Ltd v

Customs and Excise Commissioners (No 2)

Allason v Haines [1996] EMLR 143; Times, 25 July

Allenet de Ribemont v France (1995) 20 EHRR 557 414

Application for a warrant of further detention, An,

Re [1988] Crim LR 296 485

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site at www.mylawchamber.co.uk/carroll to access unique online support to

improve your case reading and analysis skills

Case Navigator provides:

should have grasped

prepared for seminars and discussions

Please note that access to Case Navigator is free with the purchase of this book, but you must register with us for access Full registration instructions are available on the website The LexisNexis element of Case Navigator is only available to those who currently subscribe to LexisNexis Butterworths online.

TABLE OF CASES

Ashbridge Investments Ltd v Minister of Housing

Ashworth Security Hospital v MGN Ltd [2001]

Associated Provincial Picture Houses Ltd v

Wednesbury Corp [1948] 1 KB 223 55 , 67 , 260 ,

326 , 333–335 , 337 , 357 , 452 , 613 , 620 , 632

Associated Society of Locomotive Engineers and

Association X v United Kingdom (1978) 14 DR 31

418

Association X, Y and Z v Federal Republic of

Associazione Reduci Dalla Prigionla Dal’

Internamento E Dalla Guerra Di Liberazione v

Ayr Harbour Trustees v Oswald (1883) LR 8 App Cas

Azam v Secretary of State for the Home Department

Bates’ Case, see Case of Impositions

Behrami and Saramati v France [2007] ECHR

Belgium Linguistics Case (1979–80) 1 EHRR 241

431

Benham v United Kingdom (1996) 22 EHRR 293 412

Bibby v Chief Constable of Essex [2000] EWCA Civ

Boddington v British Transport Police [1998] 2 WLR

Bonham’s (Dr) Case (1610) 8 Co Rep 114 94 , 118 ,

340 , 353

Bourgoin SA v Ministry of Agriculture, Fisheries and

Bowman v United Kingdom (1998) 26 EHRR 1; Times

Bradbury v Enfield London BC [1967] 1 WLR 1311

British Oxygen Co Ltd v Minister of Technology

Brooks v Commissioner of Police of the Metropolis

Brown v Stott (Procurator Fiscal, Dunfermline) [2001]

Buckley v Law Society [1983] 1 WLR 985; [1983]

463

Bull v Chief Constable of Sussex (1995) 159 LG Rev

Burmah Oil Co Ltd v Bank of England [1980] AC

244 , 253 , 260 , 298

Bushell v Secretary of State for the Environment

Caballero v United Kingdom (2000) 30 EHRR 643 407

Calder ( John) (Publications) Ltd v Powell [1965]

Cheney v Conn [1968] 1 WLR 242; [1968] 1 All ER

Christians Against Fascism and Racism v United

Clunis v Camden and Islington Health Authority

Coleen Properties Ltd v Minister of Housing and

Collins v London Borough of Sutton, see Thoburn v

City of Sunderland

Commonwealth of Australia v John Fairfax and Sons

Cooper v Wandsworth Board of Works (1863) 14 CB

Corporate Office of the House of Commons v

Information Commissioner [2008] EWHC 1084

428

Costello v Chief Constable of Derbyshire

Costello-Roberts v United Kingdom (1993) 19 EHRR

Council of Civil Service Unions v Minister for the

Civil Service [1985] AC 374; [1984] 3 All ER 935

47 , 49 , 63 , 67 , 249 , 255 , 260 , 261 , 262 , 265 , 334 ,

335 , 351 , 375 , 376 , 427 Council of Civil Service Unions v United Kingdom

Cumming v Chief Constable of Northumbria Police

Customs and Excise Commissioners v Cure & Deeley

Darbo v Director of Public Prosecutions [1992] Crim

Davis v Argyll Electoral Registration Officer 1974,

Defrenne v SABENA [1976] ECR 455; [1976] 2 CMLR

Director General of Fair Trading v Proprietary

Association of Great Britain [2001] 1 WLR 700

Donoghue v Poplar Housing and Regeneration

Dudgeon v United Kingdom (No 2) (1982) 4 EHRR

Dumbarton District Council v Lord Advocate, see Lord Advocate v Dumbarton District Council Dumble v Electoral Registration Officer for the

Earl Fitzwilliam’s Wentworth Estates Co Ltd v

Minister of Town and Country Planning [1951]

Edwards and Lewis v United Kingdom (2005)

Ellen Street Estates v Minister of Health [1934]

1 KB 590 95, 119 Elliott v Chief Constable of Wiltshire Times 5

Ennslin, Baader and Raspe v FRG (1978) 14 DR 64 403

Entick v Carrington (1765) 19 St Tr 1030 45 , 49

593

Ezeh and Connors v United Kingdom [2003] ECHR

TABLE OF CASES

Factortame Ltd v Secretary of State for Transport

Fairmount Investments Ltd v Secretary of State for

Faulkner v United Kingdom (1998) 26 EHRR CD125;

Five Knights’ Case, see Darnel’s Case

Flanagan v South Bucks District Council [2002]

Foster v British Gas plc [1991] 1 QB 405; [1990]

Garland v British Rail Engineering Ltd (No 2) [1983]

Gezer v Secretary of State for the Home Department

Glas Nadezhda EOOD v Belgium [2007] ECHR 804 351

Glaser v United Kingdom 19 September 2000, Hudoc

418 , 419 Glasgow Corp v Central Land Board 1956 SC (HL) 1 291

Glimmerveen and Hagenbeck v Netherlands (1979)

Gorringe v Calderdale Metropolitan BC [2004] 2 All

Green v Director of Public Prosecutions [1991] Crim

Griffin v South West Water Services Ltd [1995] IRLR

Groom v Director of Public Prosecutions [1991] Crim

Haim v Kassenzahnarztliche Vereinigung Nordrhein

(C424/97) [2000] ECR I-5123; [2000] All ER (D)

Hamilton v Al-Fayed [2001] 1 AC 395; [2000] 2 All

Hampshire County Council v Hammer Trout Farm

see R (on the application of Beer (t/a Hammer

Trout Farm)) v Hampshire Farmers Markets Ltd

Handyside v United Kingdom (1979–80) 1 EHRR 737

395 , 397 , 425 , 430

Hanks v Ministry of Housing and Local Government

Haoucher v Minister of State for Immigration and

Harman v Cornwall County Council, see Thoburn v

Harrison and Hope v Chief Constable of Greater

Harutyunyan v Armenia [2007] ECHR 36549/03

411

Hashman v United Kingdom (2000) 30 EHRR 241

398 , 426

Hedley Byrne & Co Ltd v Heller & Partners Ltd

HRH Prince of Wales v Associated Newspapers Ltd

Hunt v London Borough of Hackney, see Thorburn v

City of Sunderland

Huntingdon Life Sciences Ltd v Curtin Times, 11

Inquiry under the Company Securities (Insider

International Transport Roth GmbH v Secretary of

State for the Home Department [2002] EWCA Civ

Internationale Handelsgesellschaft mbH v

Einfuhr-und Vorratsstelle fur Getreide [1970] ECR 1125

110

403 , 435

J v Secretary of State for the Home Department

Jackson v Attorney-General [2005] UKHL 56 103 ,

115 , 117 , 119

303

TABLE OF CASES

Karagozlu v Metropolitan Police Commissioner

420

Kjeldsen, Busk Madsen and Pedersen v Denmark

Krone Verlag GmbH v Austria 26 February 2002,

Kumar v Metropolitan Police Commission, 31

Larner v Solihull Metropolitan BC [2000] EWCA 359;

Lavender v Minister of Housing and Local

Le Compte, Van Leuven and De Meyere v Belgium

Lee v Bude & Torrington Junction Railway Co 8

London Passenger Transport Board v Sumner (1935)

Lord Advocate v Dumbarton DC [1990] 2 AC 580 HL; reversing 1988 SLT 546; Times 18 March 1988

55 , 256 Lucas v Lucas and High Commissioner for India

Lustig-Prean v United Kingdom (2000) 29 EHRR 548

McCotter v United Kingdom (1993) 15 EHRR CD 98

419

McDaid v United Kingdom, 10 October 2000, Hudoc

413

McGonnell v United Kingdom (2000) 30 EHRR 289

McLeod v Commissioner of Police of the Metropolis

Makanjuola v Commissioner of Police of the

Marcic v Thames Water Utilities Ltd [2002] EWCA

Maritime Electric Co Ltd v General Dairies Ltd [1937]

Marleasing SA v La Comercial Internacional de

Alimentacion SA [1990] ECR I-4135; [1992] 1

Marshall v Southampton and South West Hampshire

Matthews v Ministry of Defence [2003] 1 All ER 689 275

Matthews v United Kingdom (1999) 28 EHRR 361 432

Mepstead v Director of Public Prosecutions [1996]

TABLE OF CASES

TABLE OF CASES

New South Wales v Bardolph (1934) 53 CLR 455

Norwich Pharmacal Co v Customs and Excise

Observer and Guardian v United Kingdom (1991)

Officer of Government Commerce v Information

Officier van Justitie v Kolpinghuis Nijmegen BV

O’Loughlin v Chief Constable of Essex [1998] 1 WLR

Open Door Counselling Ltd and Dublin Well

Woman Centre v Ireland (1993) 15 EHRR 244

400 , 455

Otto-Preminger Institute v Austria (1994) 19 EHRR

PG and JH v United Kingdom Times, 19 October

Parker v Director of Public Prosecutions (2001) 165

Parliamentary Election for Bristol South East, Re

Paul v Chief Constable of Humberside Police [2004]

Pearlman v Keepers and Governors of Harrow School

Pendragon v United Kingdom 19 October 1998,

Phelps v Hillingdon London BC [2001] 2 AC 619;

Pine Valley Developments v Ireland (A/222) (1992)

Plattform ‘Ärzte für das Leben’ v Austria (1991)

Powell v Chief Constable of North Wales Times,

Prebble v Television New Zealand Ltd [1995] 1 AC

Pubblico Ministero v Ratti [1979] ECR 1629; [1980]

Quinland v Governor of Belmarsh Prison [2002]

R (on the application of Abbasi) v Secretary of State

for Foreign and Commonwealth Affairs [2002]

R (on the application of Adams) v Secretary of State

R (on the application of Al Hasan) v Secretary of

State for the Home Department [2005] UKHL 13

356

R (on the application of Al-Jedda) v Secretary of State

R (on the application of Amin v Secretary of State for

R (on the application of Anderson) v Secretary of

State for the Home Department [2002] UKHL 46

461

R (on the application of Animal Defenders

International v Secretary of State for Culture,

R (on the application of Association of British

Civilian Internees: Far East Region) v Secretary of

R (on the application of B) v Secretary of State for

R (on the application of Bagdanavicius) v Secretary

of State for the Home Department [2005] UKHL

R (on the application of Baiai) v Secretary of State for

R (on the application of Bancoult) v Secretary of

State for Foreign and Commonwealth Affairs

R (on the application of Beer t/a Hammer Trout

Farm) v Hampshire Farmers Markets Ltd [2003]

R (on the application of Begum) v Denbigh High

R (on the application of Bewry) v Norwich City

R (on the application of Bibi and Al-Nashed) v

R (on the application of Brooke) v Parole Board

R (on the application of Clark-Darby) v Highbury

R (on the application of Collins) v Lincolnshire

R (on the application of Countryside Alliance) v

R (on the application of Bradley) v Secretary of State

R (on the application of D) v Secretary of State for

R (on the application of Director of Public

Prosecutions) v Acton Youth Court [2001] EWHC

R (on the application of Farrakhan) v Secretary of

State for the Home Department [2002] EWCA Civ

R (on the application of Fuller) v Chief Constable of

R (on the application of G) v Nottingham NHS

R (on the application of Gentle) v Prime Minister

R (on the application of Greenfield) v Secretary of

State for the Home Department [2005] UKHL 14

461 , 462

R (on the application of Gurung) v Ministry of

R (on the application of Haw) v Secretary of State for

R (on the application of Hirst) v Secretary of State for

R (on the application of Hirst) v Secretary of State for

R (on the application of Hooper) v Secretary of State

R (on the application of I) v Secretary of State for the

R (on the application of JL) v Secretary of State for

R (on the application of Laporte) v Chief Constable

R (on the application of M) v Secretary of State for

R (on the application of McCann) v Manchester

TABLE OF CASES

TABLE OF CASES

R (on the application of Mellor) v Secretary of State

for the Home Department [2001] EWCA Civ 472

469

R (on the application of Middleton) v Coroner for

R (on the application of N) v Secretary of State for

R (on the application of Nilsen) v Full Sutton Prison

R (on the application of Noorkoiv) v Secretary of

State for the Home Department (No 2) [2002]

R (on the application of PW) v Metropolitan Police

R (on the application of Plymouth City Council) v

County of Devon Coroner [2005] EWHC 1014

R (on the application of Rashid) v Secretary of State

for the Home Department [2005] EWCA Civ 744

353

R (on the application of Reprotech (Pebsham) Ltd) v

328

R (on the application of Robertson) v City of

Wakefield Metropoltan District Council [2001]

R (on the application of Rogers) v Swindon NHS

R (on the application of Samaroo) v Secretary of

State for the Home Department [2001] EWCA Civ

R (on the application of Scholes) v Secretary of State

for the Home Department [2006] EWHC 1

R (on the application of Singh) v Chief Constable of

the West Midlands [2005] EWHC 2840 (Admin)

514

R (on the application of Smith) v Oxfordshire

R (on the application of Smith) v Secretary of State

R (on the application of Southall) v Secretary of State

for Foreign and Commonwealth Affairs

(Application for Permission to Appeal) [2003]

R (on the application of Suryananda) v Welsh

R (on the application of Tozlukaya) v Secretary of

State for the Home Department [2006] EWCA Civ

R (on the application of Tucker) v Director General

of the National Crime Squad [2003] EWCA Civ 2

351

R (on the application of West) v Parole Board [2005]

R (on the application of Williamson) v Secretary of

State for Education and Employment [2005]

R v Board of Visitors of Hull Prison, ex p St Germain

R v Bow Street Metropolitan Stipendiary Magistrate,

ex p Pinochet Ugarte (No 2) [1999] 1 All ER 577

354

R v Brent London BC, ex p Gunning (1985) 84 LGR

R v British Broadcasting Corp, ex p Lavelle [1983]

R v Burns (1886) 16 Cox CC 355 548

R v Callinan, Quinn and Marcantonio (1972)

R v Chester City Council, ex p Quietlynn Ltd (1985)

R v Chief Immigration Officer, Heathrow Airport,

R v Chief Rabbi of the United Hebrew Congregations

of Great Britain and the Commonwealth, ex p

R v Code of Practice Committee of the British

Pharmaceutical Industry, ex p Professional

R v Commissioner for Local Administration, ex p

R v Commissioner for Local Administration ex p

R v Director of Public Prosecutions ex p Kibilene

R v Electricity Commissioners, ex p London

R v Ethical Committee of St Mary’s Hospital, ex p

R v Football Association of Wales, ex p Flint Town

TABLE OF CASES

R v Hammersmith and Fulham London BC, ex p

R v Horseferry Road Magistrates Court, ex p Bennett

R v Imam of Bury Park Mosque, Luton, ex p Sulaiman (Ali) [1992] COD 132; Independent,

R v Inland Revenue Commissioners, ex p National

Federation of Self Employed and Small Businesses

R v Inner London Education Authority, ex p

Westminster City Council [1986] 1 WLR 28

for the Home Department

R v Lewisham London BC, ex p Shell UK Ltd [1988]

R v Life Assurance Unit Trust Regulatory

R v Liverpool City Council, ex p Professional

Association of Teachers 82 LGR 648; Times,

R v Liverpool Corp, ex p Liverpool Taxi Fleet

R v London Metal Exchange Ltd, ex p Albatros

R v Manchester Metropolitan University, ex p Nolan

R v Medical Appeal Tribunal, ex p Gilmore [1957]

R v Merton Sutton and Wandsworth Health

R v Ministry of Defence, ex p Murray [1998] COD

R v Poplar Municipal BC, ex p London CC (No 2)

R v Secretary of State for the Environment, ex p

Hammersmith and Fulham LBC [1991] 1 AC 521

102, 157, 374

R v Secretary of State for the Environment, ex p

Kirkstall Valley Campaign Ltd [1996] 3 All ER 304

R v Secretary of State for Foreign and Commonwealth

TABLE OF CASES

R v Secretary of State for Foreign and

Commonwealth Affairs, ex p World Development

R v Secretary of State for the Home Department, ex p

R v Secretary of State for the Home Department, ex p

R v Secretary of State for the Home Department, ex p

Gangadeen and ex p Khan [1998] 1 FLR 762;

R v Secretary of State for the Home Department, ex p

Northumbria Police Authority [1988] 2 WLR 590

R v Secretary of State for the Home Department, ex p

R v Secretary of State for the Home Department, ex p

R v Secretary of State for Social Services, ex p

Association of Metropolitan Authorities [1986]

R v Secretary of State for Social Services, ex p Child

R v Secretary of State for Trade, ex p Anderson

R v Somerset County Council, ex p Fewings [1995] 1

Rederiaktiebolaget Amphitrite v R [1921] 3 KB 500

270 , 271

Redmond-Bate v Director of Public Prosecutions

Reference re Amendment of the Constitution of

Robertson v Minister of Pensions [1949] 1 KB 227 269

Robinson v Minister of Town and Country Planning

Rost v Edwards [1990] 2 QB 460; [1990] 2 All ER 641 215

Roy v Kensington and Chelsea and Westminster

Family Practitioner Committee [1992] 2 WLR 239

381 Royal Aquarium Society Ltd v Parkinson [1892] 1 QB

Salaman v Secretary of State in Council of India

Savage v Chief Constable of Hampshire [1997]

Save Britain’s Heritage v Number 1 Poultry Ltd

TABLE OF CASES

Shaughnessy v United States (1953) 345 US 206

Simmenthal SpA v Italian Minister for Finance [1976]

Stovin v Wise [1996] AC 923; [1996] 3 All ER 801

279 , 280 Stringer v Minister for Housing and Local

Sunday Times v United Kingdom (1979) 2 EHRR 245

422 , 424

SW and CR v United Kingdom (1996) 21 EHRR 363 415

Tan Te Lam v Superintendent of Tai A Chau

Detention Centre [1997] AC 97; [1996] 4 All ER

Taylor v Chief Constable of Thames Valley [2004]

Taylor v Director of Public Prosecutions [2006]

Terrell v Secretary of State for the Colonies [1953]

Thoburn v Sunderland City Council Joined Cases: Harman v Cornwall CC; Collins v Sutton LBC; Hunt v Hackney LBC [2003] QB 151; [2002] 4 All

Three Rivers District Council v Bank of England

Tolstoy Miloslavsky v United Kingdom (1995) 20

Three Rivers DC v Bank of England (No 3) [1996]

Town Investments Ltd v Department of the

Ukrainian Media Group v Ukraine [2005] ECHR 198

423

Uppal v Home Office 123 SJ 17; Times 11 November

Valentine v Director of Public Prosecutions [1997]

Van Colle v Chief Constable of Hertfordshire Police

405

van Gend en Loos v Netherlands Fiscal

Webb v EMO Air Cargo (UK) Ltd [1993] 1 WLR 49;

Webb v Minister of Housing and Local Government

Wednesbury Corp v Ministry of Housing and Local

Wednesbury Corp v Ministry of Housing and Local

Wells v Chief Constable Merseyside Police [2000] QB

Wells v Minister of Housing and Local Government

Wershof v Commissioner of Police of the Metropolis

White and Collins v Minister of Health [1939] 2 KB

Whitmarsh v Chief Constable of Avon and Somerset

William Cory & Son Ltd v London Corp [1951] 2 KB

Wylie (Re an application for Judicial Review) [2005]

X v United Kingdom Application 11644/8,

X v United Kingdom Application 13477/87,

TABLE OF CASES