Public Law of the UK and the Scotland

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Can you name the P.L.U.S Cases?

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RatioCase NameYear
'Implicit Repeal' rule. If parliament makes a rule and there is conflict with the old rule, we adopt the new rule1934
The 1949 Parliament Act is valid2005
In practice, parliamentary sovereignty is affected by political factors 1983
UK parliament can legislate on foreign affairs, but the practical effect is useless. We must distinguish validity from enforceability1983
Where judges have pecuniary interests, cases must be struck down1852
When a prerogative power has been constitutionalised, then the power is bound to the statute1920
Tenure 'ad vitum aut culpam' for judges1689
Freedom from civil arrest1963
Court cannot intervene in internal affairs of parliament
We will always sidestep questions on the Acts of Union1953
You can apply for judicial review where A is given power over B, and abuses it
Central to the rule of law: the judiciary must be independent2002
Enrolled bill rule1974
Lord Diplock's criteria for judicial review
In judicial review, private or public bodies can be judicially reviewed. Actions can be struck down but court cannot substitute its own decision
The crown is a legal fiction to embody government1978
The Scotland Act is not justiciable on grounds of procedural impropriety, but other common law challenges are justiciable2007
It was said obiter that a handful of acts effectively limit parliamentary supremacy2005
By signing the EU treaty, and passing the 1972 EU act, parliament consented to be bound by EC derectives. Anything in contravention of these laws will be reinterpreted to bring it
Bribery is not allowed by parliament, and is enforceable as a crime in parliament
Although the government is bound by common law, due to parliamentary supremacy, parliament can override the common law1965
No Money Bills; Salisbury Doctrine; Extra procedure of passing bills after 2 loops in the Commons1911 & 1949
Nothing inherently wrong with executive appointing judges on a full-life tenure2000
Even if there is a clause that a certain provision is not to be repealed, the same power which made that clause could repeal it1686
Affirms the Claim of Right in Scotland. Judges can only be removed by both houses1937
RatioCase NameYear
Monarch can no longer create prerogative powers. Existing prerogative is amenable by the court1610
No new prerogative powers can be created
Prerogative power is amenable to judicial review if they pertain to issues justiciable by the court
Acts of Parliament cannot be illegal because Parliament make the law2002
The UK Parliament supercedes the court. In Scotland is amenable to the court2000
Absolute privilege; the right of parliament to regulate its internal affairs
The test for bias is whether a reasonable man believes it would have been biased
The enrolled bill rule
Race, religion, age, class and background is not bias
Some conventions are justiciable, if you can use a law to support it1976
Certain statutes are 'constitutional' and cannot be implicitly repealed2003
The Acts of Union are not justiciable1975
Breaches of the 1707 Act of Union may be justiciable & amenable, but the principles of the AoU are fundamental and unalterable2000
Existing prerogative powers can be adapted to cover new, novel situations
Requires MPs to disclose their interests before taking seat and introducing bills
In the case of incompatibility with convention law, the court cannot strike down a law, but it can refer it back to parliament for review2004
The crown cannot be bound implicitly by statute1947
Judicial offences are amenable to parliament, and Judges are immune from suit1907
Citizens can do anything besides what is illegal1765
Breach of convention is not justiciable1969
New privileges can only be created by statute1705
What are the precedents? Were they following a rule? Is there a reason behind the rule?General
You cannot use parliamentary records as evidence against someone
Parliament maintains sole jurisdiction over its own privileges
You may look at Hansard to help define unclear statutory terms

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Created Apr 29, 2010ReportNominate
Tags:case, law, plu, public, ratio, scotland