swarb.co.uk - law index

Constitutional - From: 2001 To: 2001

This page lists 25 cases, and was prepared on 20 May 2019.

As to the argument based on the appellants not in fact having been dissuaded from exercising their procedural rights: "I find no merit in this argument. It may very well be that the threats of the severe and illegal consequences that may follow their resistance to extradition may have made the appellants more, not less, determined to resist their surrender. Frankly, this would have been quite understandable. The abuse of process here consists in the attempt to interfere with the due process of the court. The success or failure of that interference is immaterial."
1 Citers

[ Canlii ]
 
Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others Times, 10 May 2001; Gazette, 14 June 2001; [2001] 2 AC 295; [2001] 2 WLR 1389; [2001] 2 All ER 929; [2001] UKHL 23
9 May 2001
HL
Lord Slynn of Hadley Lord Nolan Lord Hoffmann Lord Hutton Lord Clyde
Planning, Human Rights, Administrative, Constitutional
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants' rights to a fair hearing before an impartial tribunal. Some decisions are properly taken by ministers administratively and they are answerable to elected bodies. Also there existed in many circumstances additional power to take such decisions was subject to judicial review by the courts.
The test of whether there is sufficient judicial control is not a mechanical one, but a test which varies according to the circumstances.
An interference with a claimant's use of property as opposed to his ownership, will not usually give right to an order for compensation.
In the absence of some special circumstances the court should follow any clear and constant jurisprudence of the European Court of Human Rights.
Lord Hoffmann said: "The House is not bound by the decisions of the European Court and, if I thought that the Divisional Court was right to hold that they compelled a conclusion fundamentally at odds with the distribution of powers under the British constitution, I would have considerable doubt as to whether they should be followed"
Lord Hoffmann described departmental decision-making processes: "These contain, on the one hand, elaborate precautions to ensure that the decision-maker does not take into account any factual matters which have not been found by the inspector at the inquiry or put to the parties and, on the other hand, free communication within the department on questions of law and policy, with a view to preparing a recommendation for submission to the Secretary of State or one of the junior ministers to whom he has delegated the decision." but "the process of consultation within the department is simply the Secretary of State advising himself".
Lord Hoffmann explained that "in a democratic country, decisions as to what the general interest requires are made by democratically elected bodies or persons accountable to them", and that such a decision "is not a judicial or quasi-judicial act", but is "the exercise of a power delegated by the people as a whole to decide what the public interest requires".
Human Rights Act 1998 - Town and Country Planning Act 1990 - European Convention on Human Rights
1 Cites

1 Citers

[ Bailii ] - [ House of Lords ]

 
 Carnduff v Inspector Rock and Chief Constable West Midlands Police; CA 11-May-2001 - Times, 30 May 2001; Gazette, 21 June 2001; [2001] EWCA Civ 680; [2001] 1 WLR 1786
 
Regina v Greater Belfast Coroner, ex parte Northern Ireland Human Rights Commission Times, 11 May 2001
11 May 2001
CANI

Human Rights, Coroners, Constitutional, Northern Ireland
The Commission was a creation of statute, and had not been given power to intervene in judicial proceedings. The coroner was investigating deaths at Omagh from a terrorist bombing, and the Commission sought to intervene. The Act should not be read restrictively, but nor could provisions be read into it which did not exist at will. The Commission had its own powers to commence investigations. When it might become involved in proceedings, either it sought to influence the outcome or it did not. If it did not, it was an improper distraction, and if it did it would be an improper intrusion, threatening the appearance of independence of the judiciary. In either case costs would be increased and have to be paid, and new issues of equality of arms would arise.
Northern Ireland Act 1998


 
 Secretary of State for the Home Department v Asif Javed and Zuifiqar Ali and Abid Ali; CA 17-May-2001 - Times, 24 May 2001; Gazette, 21 June 2001; [2001] Imm AR 529; [2002] QB 129; [2001] INLR 645; [2001] 3 WLR 323; [2001] EWCA Civ 789
 
Pearson and Another v Secretary of State for Home Department and Another [2001] EWCA Civ 927
18 Jun 2001
CA
Simon Brown LJ VP
Human Rights, Prisons, Constitutional, Elections
The claimants sought leave to appeal against rejection of their complaint that as serving prisoners they were unable to vote.
European Convention on Human Rights 3 - Representation of the People Act 1983 3(1)
[ Bailii ]
 
Jennifer Gairy (as administratrix of the estate of Eric Matthew Gairy, deceased) v The Attorney General of Grenada Times, 25 June 2001; Appeal No 29 of 2000; [2001] UKPC 30; [2002] 1 AC 167
19 Jun 2001
PC

Constitutional, Commonwealth
(Grenada) The appellant sought to enforce an order of compensation against the crown in Grenada. The new constitution of Grenada expressly replaced all previous laws. It was not to be assumed that protections by way of Crown privilege under the earlier laws could not be presumed to have been preserved. The new constitution which was intended to protect the fundamental rights of the citizen, and could include revocation of earlier protections for the Crown.
The Supreme law of Grenada 16
1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Regina v Pan; Regina v Sawyer (2001) 147 OAC 1; (2001) 85 CRR (2d) 1; (2001) 43 CR (5th) 203; (2001) 155 CCC (3d) 97; (2001) 200 DLR (4th) 577; [2001] 2 SCR 344
29 Jun 2001


Commonwealth, Constitutional, Human Rights, Criminal Practice
Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Fundamental justice – Whether common law rule of jury secrecy and Criminal Code prohibition on disclosure of information about “proceedings of the jury” consistent with principles of fundamental justice – Canadian Charter of Rights and Freedoms, s. 7 – Criminal Code, R.S.C. 1985, c. C-46, s. 649.
Criminal law – Juries – Rule of jury secrecy – Common law rule of jury secrecy providing that evidence concerning jury deliberations is inadmissible on appeal to impeach jury’s verdict – Whether common law rule of jury secrecy constitutional – Canadian Charter of Rights and Freedoms, s. 7.
Criminal law – Juries – Disclosure of jury proceedings – Criminal Code prohibiting disclosure of information about “proceedings of the jury” except where disclosure is in context of obstruction of justice proceedings involving a juror – Whether provision constitutional – Canadian Charter of Rights and Freedoms, s. 7 – Criminal Code, R.S.C. 1985, c. C-46, s. 649.
Criminal law – Abuse of process – Fundamental justice – Double jeopardy – Whether mistrial improperly declared at end of accused’s second trial – Whether proceedings against accused should have been stayed at outset of third trial – Whether holding of third trial violated principle against double jeopardy – Canadian Charter of Rights and Freedoms, ss. 7, 11(h).
Criminal law – Charge to jury – Reasonable doubt – Accused convicted of first degree murder – Whether pre-Lifchus charge on reasonable doubt in substantial compliance with principles set out in Lifchus.
1 Citers

[ Canlii ]
 
Manukau Urban Maori Authority and others v Treaty of Waitangi Fisheries Commission and others and Reuben Brian Perenara v Treaty of Waitangi Fisheries Commission and others (New Zealand) [2001] UKPC 32
2 Jul 2001
PC

Constitutional, Agriculture, Commonwealth
(New Zealand) The treaty of settlement between the Maori people and the state operated also as a settlement as between the various Maori peoples. Inherited rights to control fisheries were to be construed so as to benefit the Maori people as a whole. Measures under the Act to help preserve fisheries were challenged by non-traditional Maori groups, claiming that they preferred traditional (Iwi) groups. The statute required consultation with traditional meeting groups which would have the effect of excluding non-traditional Maoris. The words were clear, and gave no discretion to benefit other than Iwi groups.
Maori Fisheries Act 1989 - Treaty of Waitangi Act 1975
[ Bailii ] - [ PC ] - [ PC ]

 
 Panton and Panton v The Minister of Finance and the Attorney General; PC 12-Jul-2001 - [2001] UKPC 33
 
Preiss v General Dental Council Times, 14 August 2001; Gazette, 31 August 2001; [2001] 1 WLR 1926; [2001] UKPC 36; No 63 of 2000
17 Jul 2001
PC
Bingham of Cornhill L, Cooke of Thorndon L, Millett L
Health Professions, Human Rights, Constitutional, Health Professions
(Professional Conduct Committee of the GDC) The procedures of the General Dental Council were in breach of the right to a fair trial, insofar as the same person might both carry out the preliminary stages of an investigation, and later be involved in the hearing of the complaint itself. In this case the chairman had also made the decision to present the complaint. The board of the Privy Council had the power to hear appeals against findings of misconduct, as well as suspensions, and could substitute a an admonition for a suspension. The existence of this power was necessary in order to correct the weaknesses in the current disciplinary system, and the power included where necessary the power to deal with issues of fact as well as law and discretion. Serious professional misconduct does not require moral turpitude. Gross professional negligence can fall within it. Something more is required than a degree of negligence enough to give rise to civil liability but not calling for the opprobrium that inevitably attaches to the disciplinary offence.
European Convention on Human Rights Art 6.1
1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]

 
 Millar v Dickson; PC 24-Jul-2001 - Times, 27 July 2001; [2002] 1 WLR 1615; DRA Nos 5, 6, 7, and 8 of 2000; [2001] UKHRR 999; 2001 SLT 988; 2002 SC (PC) 30; [2002] 3 All ER 1041; [2001] HRLR 59; [2001] UKPC D4; 2001 SCCR 741; 2001 GWD 26-1015
 
The Queen v Secretary of State for the Home Department, ex parte Barkoci and Malik and similar Times, 13 November 2001; C-63/99; C-257/99; [2001] EUECJ C-257/99; [2001] EUECJ C-63/99; C-235/99; [2002] INLR 152; [2001] 3 CMLR 48; [2001] All ER (EC) 903; [2001] ECR I-6557
27 Sep 2001
ECJ
Rodriguez Iglesias P
Immigration, Constitutional
The EU Treaty provisions recognising the rights of entry of certain citizens of Czechoslovakia, Poland and Bulgaria had direct effect. Three applicants had entered the UK misrepresenting their intentions to stay as temporary. Rights of entry and residence as corollaries of the right of establishment, were conferred on such nationals wishing to pursue activities of an industrial or commercial character, activities of craftsmen or activities of the professions in a member state. The rights are not absolute, and applicants could be required to make proper applications.
ECJ External relations - Association Agreement between the Communities and the Czech Republic - Freedom of establishment - Czech nationals wishing to establish themselves in a Member State as self-employed workers.
[ Bailii ] - [ Bailii ]
 
Brun and Another, Re Application for Judicial Review [2002] NICA 43
5 Oct 2001
CANI

Constitutional

[ Bailii ]
 
Regina (Pretty) v Director of Public Prosecutions, and Another, Medical Ethics Alliance and Others, interveners Times, 23 October 2001; Gazette, 22 November 2001; [2001] EWHC Admin 788
18 Oct 2001
Admn
Lord Justice Tuckey, Lady Justice Hale and Mr Justice Silber
Criminal Practice, Constitutional, Human Rights
The function of the Director's office is statutory, and his powers are those laid down. He is not able to excuse possible criminal conduct in advance, and nor could he establish a policy of not applying certain statutory provisions. The Suicide Act could not be re-interpreted in the light of the Human Rights Act to protect a right of life. There is a direct conflict between the right of life, and the right to protect a body. The Convention protects life and the dignity of life, but does not protect any right to procure one's own death or confer a right to die. The right to the dignity of life was not a right to die with dignity, but rather a right to live, with as much dignity as could possibly be afforded, until that life reached its natural end.
Suicide Act 1961 2(1) 2(4)
1 Cites

1 Citers

[ Bailii ]
 
Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions [2001] ScotCS 242
26 Oct 2001
SCS
Lord Johnston
Scotland, Prisons, Constitutional, Human Rights
Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order. Held: McDonald is binding on the court. An interim order could not be made.
European Convention on Human Rights 3 - Court of Session Act 1988 45
1 Cites

1 Citers

[ ScotC ] - [ Bailii ]
 
Robinson, Re Application for Judicial Review [2001] NIQB 42
8 Nov 2001
QBNI
Kerr J
Constitutional

[ Bailii ]
 
Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199; [2001] 185 ALR 1; 76 ALJR 1
15 Nov 2001

Gleeson CJ
Commonwealth, Information, Equity, Constitutional
(High Court of Australia) The activities of a company which processed possum meat for export ("what the processing of possums looks,and sounds like") were not such as to attract the quality of being confidential for the purpose of the law protecting confidentiality.
Austlii Equity - Equitable remedies - Interlocutory injunction - Principles to be applied - Need for plaintiff to show a serious question to be tried - Defence that plaintiff has no equity - Nature of discretion to grant interlocutory relief - Relevance of implied freedom of political communication under the Constitution.
Practice and procedure - Interlocutory injunctions - Power of Supreme Court to grant interlocutory injunction - Whether s 11(12) of Supreme Court Civil Procedure Act 1932 (Tas) alters basis on which the Supreme Court has power to grant an interlocutory injunction - Purpose for which power exists to grant an interlocutory injunction - Meaning of "just and convenient".
Torts - Privacy - Whether Australian law recognises a tort of invasion of privacy - Whether right to privacy attaches to corporations - Relevance of implied freedom of political communication under the Constitution to the tort of privacy.
Constitutional law (Cth) - Interpretation of Constitution - Implications from Constitution - Implied freedom of communication concerning government and political matters - Whether law providing for interlocutory injunction against broadcaster infringes implied freedom - Whether injunction if granted would infringe freedom - Relevance of implied freedom to grant of injunction - Whether properly or at all taken into account.
Trespass to land - Trespasser illegally made clandestine film of activities and gave it to a broadcaster - Whether owner has right to restrain publication of film by broadcaster.
Words and phrases - "unconscionability" - "just and convenient" - "interlocutory injunction".
1 Citers

[ Austlii ]
 
Richard Hinds v The Attorney General and The Superintendent of Glendairy Prison Appeal No 28 0f 2000; [2001] UKPC 56
5 Dec 2001
PC
Lord Bingham of Cornhill Lord Hobhouse of Woodborough Lord Scott of Foscote Sir Murray Stuart-Smith Sir KennethKeith
Legal Aid, Constitutional
(Barbados) The appellant argued that the denial of free legal representation at his trial infringed his constitutional rights. He had been faced with a charge of arson, but was told the complexity of the case did not require legal assistance. The trial involved issues as to his competence and the admissibility of his confession. The constitution gave him the right to a fair trial, but provided no right to free legal representation. A scheme had been introduced later. Held: The constitution must be seen as a living document. Barbados, had, in ratifying international conventions explicitly withheld the right to free representation. The right to a fair trial was not however qualified. Breach of a defendant's constitutional right to a fair trial must result in the conviction being quashed. The provision of a right of appeal did not in this case correct the judge's failure to consider his individual circumstances properly. However a claim for constitutional relief is not an alternative means of challenging a conviction or a judicial decision, nor an additional means where such a challenge, based on constitutional grounds, has been made and rejected. Appeal dismissed.
1 Cites

[ PC ] - [ PC ] - [ Bailii ]
 
Quark Fishing Ltd., Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs [2001] EWHC Admin 1174
5 Dec 2001
Admn

European, Human Rights, Constitutional

[ Bailii ]
 
Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C
18 Dec 2001
SCS
Lord Marnoch and Lord Hardie and Lord Weir
Scotland, Prisons, Human Rights, Constitutional
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, he would have been able to seek judicial review. Nevertheless, the case should now go ahead. The pleas in law were rejected.
European Convention on Human Rights 3 - Crown Proceedings Act 1947 47 - Prisons (Scotland) Act 1989 3(1) - Scotland Act 1998 57(2)
1 Cites

1 Citers

[ ScotC ]