Constitutional & Administrative Law (Law Express) by Chris Taylor

By Chris Taylor

Legislations show: Constitutional and Administrative legislations is designed that will help you to narrate all of the analyzing and learn all through your direction in particular to examination and task events. comprehend speedy what's required, organise your revision, and examine the most important issues very easily, to get the grades you would like. demonstrated with examiners and scholars.

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Composition and powers Power in the UK is divided between the three organs of state: the legislature, the executive and the judiciary. Read Chapters 5–7 for more detail on each of these. It must be recognised that the powers of the monarch are now mostly symbolic. Legislature Executive Judiciary Overlapping personnel It might be thought that a separation of powers requires different people to work within the three organs of state, but this is clearly not the case in the UK. QXP 1/10/07 14:36 Page 30 3 BASIC PRINCIPLES OF THE CONSTITUTION The Queen Strictly speaking, the Queen is a member of all three organs of the state, with ‘the Queen’s government’, ‘the Queen in Parliament’ and ‘the Queen’s judges’.

The Home Secretary ordered his deportation but the High Court ordered the Home Secretary not to proceed with the deportation until the court had considered the case. The Home Secretary ignored the court order and M was deported. Legal principle The Home Secretary was held to be in contempt of court for refusing to comply with the order of the court. The fact that he was a minister of the Crown did not place him above the law and so the court could restrain him in the exercise of his powers. QXP 1/10/07 14:36 Page 32 KEY CASE 3 BASIC PRINCIPLES OF THE CONSTITUTION R v.

The plaintiff asserted that the Crown had no power, either under statute or common law, to tap telephones. Legal principle It was held that, because there was no express law against telephone tapping, the Secretary of State’s actions were lawful. There was also an acknowledgement that, because there had existed a historical prerogative power to intercept letters, there must also be a power to intercept telephone calls. Prerogative powers and statute It is established that, where a prerogative power and a statutory power come into conflict, the statutory power will prevail.

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