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[...]... constitution; the significance of parliamentary sovereignty; the nature of constitutional conventions; the principles of the rule of lawand the separation of powers; and the desirability of a new written constitutional settlement These areas are sometimes treated in textbooks as discrete areas, but they are clearly interlinked and will therefore be considered here together The significance of the Labour... more fully in Chapters 2 and 9 The sovereignty of Parliament and the impact of EC law on the UK Constitution are fully considered in Chapter 2 Checklist Students should be familiar with the following areas: • • • • • • the debate about the nature and functions of a constitution; the argument that the UK does not indeed possess one under certain definitions; the nature and role of constitutional conventions;... ignore the opposing arguments; they are considered and, if possible, their weaknesses are exposed Of course, it would not be appropriate to do this in a problem question or in some essay questions but, where an invitation to do so is held out, it is a good idea to accept it rather than sit on the fence Exam papers Constitutionalandadministrativelaw exam papers normally include one question on each... royal prerogative, to the working of the Cabinet system, to the relationship between the Lords and the Commons and to those regulating proceedings in Parliament; the doctrine of parliamentary sovereignty and the modification to the traditional view represented by the impact of EC law; the concept of the rule of law; the doctrine of the separation of powers; 1 ... Commissioner for Complaints Act (Northern Ireland) 1969 243 s 7(2) 245 Conspiracy and Protection of Property Act 1875— s7 382 Consular Relations Act 1968 20 Contempt of Court Act 1981 251, 304, 308, 309 s2 305 s 2(2), (3) 308 s5 251, 305, 308 s 10 260, 309 Crime and Disorder Act 1998 144 Crime (Sentences) Act 1997 21 Criminal Attempts Act 1981 104, 122 Criminal Justice and Public Order Act 1994 12, 322, 349,... 228, 253, 256, 258 252, 373 253, 270 A (No 2) [2001] 2 WLR 1546 A vBandC [2002] 2 All ER 545 Abassy v Metropolitan Police Commissioner [1990] 1 WLR 385 326 Abdulaziz, Cabales and Balkandali v UK (1985) 7 EHRR 471 265 Absolam (1988) 88 Cr App R 332; [1988] Crim LR 748 356, 359 Alconbury See Secretary of State for the Environment, Transport and the Regions ex p Alconbury Developments Ltd— Alladice (1988)... Marshall v Southampton and South West Hampshire Area Health Authority (Case 152/84) [1986] ECR 723 51 Mathias (1989) The Times, 24 August 360 Table of Cases Maynardv Osmond [1977] QB 240 Merkur Island Shipping Corp v Laughton [1983] 2 AC 570 Middleweek v Chief Constable of Merseyside (1985) The Times, 1 August Ministry of Defence ex p Smith and Others [1996] 1 All ER 257 Monopolies and Mergers Commission... 318 Porter v Magill [2002] 2 WLR 37 Powell and Rayner v UK (1990) 12 EHRR 355 Prebble v Television New Zealand Ltd (1994) The Times, 13 July Puhlhofer v Hillingdon LBC [1986] AC 484 372 44, 75, 104 384, 385 22, 29, 35–37, 41, 48, 60, 61 43, 46, 50, 56, 67, 68, 73 26 205, 218 271 R [1991] 2 All ER 257 R(H) v Mental Health Tribunal, North and East London Region and Another (2001) The Times, 2 April Racal...x Introduction typically are between 2,000 and 3,000 words In relation to exam questions, there are a number of reasons for including lengthy answers: some students can write long answers—about 1,800 words—under exam conditions; some students who cannot nevertheless write two very good and lengthy essays and two reasonable but shorter ones Such students tend to do very well,... facts as they answer the question—perhaps to help themselves to pick out the important issues It is better to avoid this and merely to refer to the significant facts (2) Use an impersonal style in both problem and essay answers In an essay, you should rarely need to use the word I and, in our view, it should not be used at all in a problem answer (Of course, examiners may differ in their views on this . alt=""
FOURTH EDITION
Q&A Series
Constitutional
and
Administrative
La w
FOURTH EDITION
Cavendish
Publishing
Limited
London • Sydney • Portland, Oregon
Helen. of Law
University of Durham
and
Gavin Phillipson
BA, LLM (Cantab), Solicitor
Lecturer in Law
University of Durham
Q&A Series
Constitutional
and
Administrative
La