Category Archives: Constitutional
Pearson and Another -v- Secretary of State for Home Department and Another; CA 18-Jun-2001
The claimants sought leave to appeal against rejection of their complaint that as serving prisoners they were unable to vote.
Filed under Constitutional, Elections, Human Rights, Prisons
Martin -v- Her Majesty’s Advocate; SC 3-Mar-2010
The claimant challenged the law extending the power of Sherriffs sitting alone to impose sentences of up to one year.Held: The defendants’ appeal failed (Lord Rodger and Lord Kerr dissenting). The change was within the power of the Scottish Parliament … Continue reading
Filed under Constitutional, Criminal Sentencing, Scotland
De Freitas -v- The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others; PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him … Continue reading
Filed under Commonwealth, Constitutional, Employment
Colonial Sugar Refining Co Ltd -v- Melbourne Harbour Trust Commissioners; PC 18-Jan-1927
An Act removing the right of appeal to the Privy Council was held not to affect an appeal in litigation pending when the Act was passed and decided after its passing, on the ground that (Lord Warrington) ‘[t]o deprive a … Continue reading
Filed under Constitutional
Guardian News and Media Ltd, Regina (on The Application of) -v- City of Westminster Magistrates’ Court; CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.Held: The application was to be allowed. The open justice principle is a constitutional principle to be found not … Continue reading
Filed under Constitutional, Litigation Practice, Magistrates, Media
Comalco Ltd -v- Australian Broadcasting Corporation; 1983
(Supreme Court of the Australian Capital Territory) Hansard was admissible to show what had been said in the Queensland Parliament as a matter of fact, without the need for the consent of Parliament. Blackburn CJ added: ‘I think that the … Continue reading
Filed under Commonwealth, Constitutional
Guardian News and Media Ltd, Regina (on The Application of) -v- City of Westminster Magistrates’ Court; CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.Held: The application was to be allowed. The open justice principle is a constitutional principle to be found not … Continue reading
Filed under Constitutional, Litigation Practice, Magistrates, Media
Comalco Ltd -v- Australian Broadcasting Corporation; 1983
(Supreme Court of the Australian Capital Territory) Hansard was admissible to show what had been said in the Queensland Parliament as a matter of fact, without the need for the consent of Parliament. Blackburn CJ added: ‘I think that the … Continue reading
Filed under Commonwealth, Constitutional
Home Office -v- Hariette Harman; HL 11-Feb-1982
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings.Held: The documents were disclosed under an obligation to use them for the instant case only. That … Continue reading
Filed under Constitutional, Legal Professions, Litigation Practice
Broadcasting Corporation of New Zealand -v- Attorney General; 1982
(Court of Appeal of New Zealand) Woodhouse P said: ‘the principle of public access to the Courts is an essential element in our system. Nor are the reasons in the slightest degree difficult to find. The Judges speak and act … Continue reading
Filed under Commonwealth, Constitutional
