Attorney-General, ex rel McWhirter v Independent Broadcasting Authority: CA 1972

The court should not interfere in decisions made by broadcasting companies allocating television time to parties before elections unless it is of the view that they were irrational in not giving enough weight to those matters in allocating it only one broadcast.
The Bill of Rights does not restrict the Crown’s prerogative powers in relation to foreign affairs: ‘the Crown retained, as fully as ever, the prerogative of the treaty-making power’ and ‘Even though the Treaty of Rome has been signed, it has no effect, so far as these courts are concerned, until it is made an Act of Parliament. Once it is implemented by an Act of Parliament, these courts must go by the Act of Parliament. Until that day comes, we take no notice of it.’


Lord Denning MR


[1973] 1 QB 629, [1972] CMLR 882


England and Wales

Cited by:

CitedRegina v British Broadcasting Corporation, ex parte Referendum Party; Regina v Independent Television Commission, ex parte Referendum Party Admn 24-Apr-1997
The Referendum Party challenged the allocation to it of less time for election broadcasts. Under the existing agreements, having fielded over 50 candidates, they were allocated only five minutes.
Held: Neither the inclusion of past electoral . .
CitedMiller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Lists of cited by and citing cases may be incomplete.

Media, Elections, Constitutional

Updated: 29 April 2022; Ref: scu.181972