A local council introduced a standing order to the effect that an item could not be placed on an agenda without being seconded. In doing so it had failed entirely to consider the fundamental effect this would have on democracy. Independent members and others seeking to be critical could find themselves unable to put unpopular matters before the council. Councillors represent particular areas and that one of the ways in which they are intended to exercise their function is by raising matters in council. The standing order prevented them from doing that. Such a rule might be introduced with sufficient safeguards and after appropriate qualification, but that did not apply here and the rule was set aside.
Judges:
Sedley, Schiemann LJJ, Blackburne J
Citations:
Times 08-Mar-2001, [2001] BLGR 344, [2001] LGR 344, [2001] EWCA Civ 345, (2001) 3 LGLR 34
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Flintshire County Council ex parte Armstrong-Braun Admn 27-Jul-1999
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See Also – Director of Public Prosecutions v Armstrong-Braun Admn 5-Oct-1998
A building site was subject to a requirement to move great crested newts before work could proceed. The defendant, a local councillor interfered to prevent a digger destroying the land until the newts had been moved. He appealed his conviction for . .
Cited by:
Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
Lists of cited by and citing cases may be incomplete.
Local Government, Constitutional, Judicial Review
Updated: 19 May 2022; Ref: scu.88455