Download e-book for kindle: Briefcase on Constitutional & Administrative Law by David Herling

By David Herling

ISBN-10: 1843145707

ISBN-13: 9781843145707

ISBN-10: 1859417604

ISBN-13: 9781859417607

The ''Briefcase'' sequence is designed for undergraduate legislations scholars to help with figuring out the fundamental rules of key situations in each one topic quarter. the straightforward and simple to persist with format contains a precis of key instances and proper laws lower than numerous subject parts, which are learn along with higher texts. The ''Briefcase'' sequence offers invaluable summaries for college students new to the subject in addition to a refresher for these revising for tests. ''Briefcase on Constitutional Administrative Law'' offers scholars with digests of the fundamental instances within the topic sector, in addition to suitable statutory fabric. because the final version used to be released, the Human Rights Act 1998 has come into strength and this version consequently incorporates a variety of vital new instances facing the appliance of the eu conference on Human Rights as a part of English legislations. those comprise the subsequent themes: interaction of household legislation with the conference: Douglas v hi! Ltd (2001) and Venables and Thompson v information team Newspapers (2001); The making of declarations of incompatibility: R (on the applying of Alconbury advancements Ltd) v Secretary of nation for the surroundings, shipping and the areas (2001) and R v Shayler (2002); privateness: A v B (A corporation) (2002), Campbell v replicate crew Newspapers (2002) and Douglas and Zeta Jones v hi! Ltd (2003); and Parliamentary privilege: lawyer basic v Jones (1999) and Hamilton v Al Fayed (1999)

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1 above.

The government could bind itself by a commercial contract and, if it did so, it would be bound to perform its undertaking or pay damages for failure to do so. However, the statement by the British legation was merely an expression of intention to act in a particular way in a certain event, and so fell short of giving rise to a contract. Per Rowlatt J: My main reason for so thinking is that it is not competent for the government to fetter its future executive action, which must necessarily be determined by the needs of the community when the question arises.

3 Can the courts refer to debates in Parliament as an aid to the construction of legislation? Beswick v Beswick (1967) HL: Reasons why a court should not use the record of debates for this purpose Facts The respondent argued that s 56(1) of the Law of Property Act 1925 allowed her to sue in her personal capacity on a contract to which she was not party. The House of Lords held that the contention was incorrect (though the respondent was permitted to maintain an action as administratrix of her late husband’s estate).

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Briefcase on Constitutional & Administrative Law by David Herling

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