swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Constitutional - From: 1994 To: 1994
This page lists 11 cases, and was prepared on 20 May 2019.
Commissioner of Police v Davis [1994] 1 AC 283; [1994] 4 All ER 476; [1994] CLY 496
1994
PC
Commonwealth, Constitutional
(Bahamas) Certain statutory provisions relating to drug offences infringed the Constitution of The Bahamas. A question then arose on the severability of one of the offending statutory provisions, section 22(8) of the Dangerous Drugs Act. This subsection related both to convictions on information and to summary convictions. The subsection was unconstitutional in its application to summary convictions but not in its application to convictions on information. In holding that section 22(8) was void only in so far as it related to summary convictions the Board applied the Hutchinson "substantial severability" test. The section sought improperly to deprive defendants of their right to a jury trial.
1 Cites
1 Citers
L'Office Cherifien Des Phosphates and Another v Yamashita-Shinnihon Steamship Co Ltd; HL 19-Jan-1994 - Gazette, 26 January 1994; Independent, 19 January 1994; Times, 17 December 1993; [1994] 1 AC 486; [1994] 1 All ER 20; [1994] 1 Lloyds Rep 251; [1994] 2 WLR 39
Commission v Italy C-291/93 [1994] ECR I-859; [1994] EUECJ C-291/93
9 Mar 1994
ECJ
Constitutional
(Judgment) Failure to fulfil obligations - Failure to comply with a judgment declaring a Member State to have failed to fulfil its obligations.
[ Bailii ]
Tynes v Barr (1994) 45 WIR 7; [1994] ICHRL 5
28 Mar 1994
Commonwealth, Damages, Constitutional, Torts - Other
(Supreme Court of the Bahamas) The plaintiff had been wrongfully arrested and humiliated publicly at an airport. He claimed exemplary damages. In assessing the exemplary damages in a court should take account of the injury the plaintiff has endured to his dignity and pride, mental suffering and loss of reputation: "Exemplary damages should be awarded in view of the arrogant, abusive and outrageous disregard shown by the police for the law, in particular, their delay in producing documents; the manner in which the defence was conducted; and the fact that liability was not conceded until the sixth and ninth days of the trial and even then with no appropriate apology being offered to the plaintiff. The police should be made aware of the need to observe the requirements as to when they may arrest and detain a person without a warrant and the way in which a person so detained must be humanely treated."
1 Citers
[ Worldlii ]
Rees and Others v Crane Gazette, 30 March 1994; [1994] 2 AC 173
30 Mar 1994
PC
Constitutional, Commonwealth
(Trinidad and Tobago) A High Court judge complained that he had been unlawfully excluded from the roster of sittings for the following term. Held: The procedure to suspend judge had to be followed closely. In this case there had been a breach of natural justice. His fundamental right to the protection of the law under paragraph 4(b) of the Constitution, that is the right to the protection of the law, had been violated. The decision to suspend him was contrary to section 137(1) of the Constitution which provided that: "A judge may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or any other cause), or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section." That contravention could not be corrected retrospectively by a later suspension order.
1 Citers
Mohammad and Another v Ahmad and Another Gazette, 01 June 1994
1 Jun 1994
PC
Constitutional, Commonwealth
Validity and nature of appointment of returning officers - Mauritius.
Pebble v Television New Zealand Ltd [1994] UKPC 25
27 Jun 1994
PC
Media, Constitutional
(New Zealand)
[ Bailii ]
Prebble v Television New Zealand Ltd; PC 27-Jun-1994 - Times, 13 July 1994; Gazette, 26 October 1994; [1995] 1 AC 321; [1994] 3 NZLR 1; [1994] 3 WLR 970
Attorney General of Trinidad and Tobago v Phillip Independent, 19 October 1994; Times, 11 October 1994; Gazette, 09 November 1994; [1995] 1 AC 396
9 Nov 1994
PC
Lord Woolf
Constitutional, Human Rights, Commonwealth
A pardon which had been give to insurrectionists was invalid, since it purported to excuse future conduct also, but there had been no duress shown. There is no general power to excuse a crime before it is committed. Lord Woolf: "A pardon must in the ordinary way only relate to offences which have already been committed ....However while a pardon can expunge past offences, a power to pardon cannot be used to dispense with criminal responsibility for an offence which has not yet been committed . This is a principle of general application which is of the greatest importance. The state cannot be allowed to use a power to pardon to enable the law to be set aside by permitting it to be contravened with impunity." The prosecution of a person who in exchange for his co-operation has received an undertaking, promise or representation that he would not be charged is capable of amounting to an abuse of process.
Lord Bridge: "However while a pardon can expunge past offences, a power to pardon cannot be used to dispense with criminal responsibility for an offence which has not yet been committed. This is a principle of general application which is of the greatest importance. The state cannot be allowed to use a power to pardon to enable the law to be set aside by permitting it to be contravened with impunity."
1 Cites
1 Citers
Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others; CA 10-Nov-1994 - Times, 10 November 1994; Independent, 10 November 1994; [1995] 2 WLR 1
Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd; Admn 10-Nov-1994 - [1994] EWHC Admin 1; [1995] 1 WLR 386; [1995] 1 All ER 611; [1995] COD 211
