Constitutional and Administrative Law (Foundation Studies in Law)

681 Pages·2007·6.07 MB·English

by  Alex Carroll

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• Clearly distinguished case summaries to enable you to www.mylawchamber.co.uk/carroll This text
quickly recognize the key cases and differentiate them from is supported by a My law chamber website e
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surrounding commentary
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• New colour design and larger format to help you follow the text updates, web links, interactive self-test
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key term flashcards.
• Chapter summaries highlight the main points covered in each For lecturers: a testbank of multiple choice d
questions which can be used to assess w
chapter, cementing understanding
students’ progress.
• Clear explanations of the fundamental principles in this area CASE
ensure you gain a good understanding of the subject
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Alex CArroll MPhil, LLB, Cert. Ed was formerly Senior available to those who currently subscribe to
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Lecturer in Law at Manchester Metropolitan University
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and has also taught at the University of Manchester, Keele early Summer 2007.
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Constitutional and Administrative Law
Visit the Constitutional and Administrative Law, fourth editionCompanion Website at
www.mylawchamber.co.uk/carrollto find valuable studentlearning material including:
■ Interactive multiple choice questions to test your factual knowledge of the topics
■ Exam-style questions and answer guidance to test your ability to apply knowledge
■ Links to relevant sites on the web
■ An online glossary providing definitions of key legal terms
■ Interactive online flashcards that allow you to check definitions against the key
terms during revision
■ Regular updates on major legal changes affecting the book
Case Navigator
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Fourth Edition
Constitutional and
Administrative Law
ALEX CARROLL
MPhil, LLB, Cert. Ed.
Formerly Senior Lecturer in Law,
Manchester Metropolitan University
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For my late Mother, Father, and brother John, and for Frances and
‘the boys’ (Joe, Matthew, Daniel and Sam)
Pearson Education Limited
Edinburgh Gate
Harlow
Essex CM20 2JE
England
and Associated Companies throughout the world
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First published 1998
Second edition published 2002
Third edition published 2003
Fourth edition published 2007
© Pearson Education Limited 2007
The right of Alex Carroll to be identified as author of this work has been
asserted by him in accordance with the Copyright, Designs and Patents
Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in
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ISBN: 978-1-4058-1231-3
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
10 9 8 7 6 5 4 3 2
10 09 08
Typeset in 9.5/12.5pt Stone Serif by 3
Printed and bound in Great Britain by Ashford Colour Press, Gosport
The publisher’s policy is to use paper manufactured from sustainable forests.
CONS_A01.QXP 1/22/08 4:42 AM Page v
Brief contents
Guided tour xvi
Preface xviii
Table of cases xix
Table of statutes xl
Part 1 Fundamental principles 1
1 Introduction to constitutional and administrative law 3
2 The characteristics of the constitution 16
3 Sources of constitutional and administrative law 51
Part 2 Parliament and the European Union 69
4 The European Union: institutions of government and sources of law 71
5 The legislative sovereignty of the Westminster Parliament 90
Part 3 The composition and workings of Parliament 119
6 The franchise and the electorate 121
7 The House of Commons: Members of Parliament 127
8 The House of Commons: principal functions 135
9 The House of Lords 181
10 Parliamentary privilege 207

Part 4 The Executive 225
11 The Prime Minister and Cabinet 227
12 The royal prerogative 245
13 Legal liability of the Crown and public authorities 262
Part 5 Judicial review of administrative action 305
14 The nature of judicial review 307
15 Grounds for judicial review: illegality, irrationality and procedural
impropriety 314
16 Application for and exclusion of judicial review 357
v
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vi BRIEF CONTENTS
17 Exclusivity 377
Part 6 Human rights 385
18 The European Convention on Human Rights 387
19 The Human Rights Act 1998 435
20 Police powers, personal liberty and privacy 463
21 Restrictions on the rights of freedom assembly and
association 503
22 Restrictions on the rights of freedom of expression and
information 521
23 Freedom and emergency powers 550
Part 7 Tribunals, inquiries and complaints procedures 567
24 Tribunals and inquiries 569
25 Ombudsmen 588
Index 605
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Contents
Guided tour xvi
Preface xviii
Table of cases xix
Table of statutes xl
Part 1 Fundamental principles
1 Introduction to constitutional and administrative law 3
What is a constitution? 3
The British constitution 3
The cultural dimension 4
The European dimension 5
The terminology of constitutional and administrative law 6
The geography of the constitution 12
Summary 15
References 15
Further reading 15
2 The characteristics of the constitution 16
Introduction 16
The unwritten constitution 16
Flexibility 19
Unitary 21
Constitutional monarchy 30

Bicameral sovereign Parliament 32
Representative democracy 33
Responsible government 36
The separation of powers 37
The rule of law 45
Summary 49
References 49
Further reading 50
3 Sources of constitutional and administrative law 51
Introduction 51
Legislation 51
Judicial decisions 54
vii
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viii CONTENTS
Constitutional conventions 56
European Community law 64
European Convention on Human Rights 66
The law and custom of Parliament 67
Summary 67
References 67
Further reading 67
Part 2 Parliament and the European Union
4 The European Union: institutions of government and
sources of law 71
Origins and development 71
Institutions of law and government 76
Sources of EU law 83
Summary 89
References 89
Further reading 89
5 The legislative sovereignty of the Westminster
Parliament 90
Introduction 90
Application 92
Possible legal limitations 99
Political restraints 106
The relationship between EC law and Acts of Parliament 107
Change in the wind: the Jacksondecision 113
Summary 117
References 117
Further reading 117

Part 3 The composition and workings of Parliament
6 The franchise and the electorate 121
Introduction 121
Qualifications 121
Disqualifications 124
Special categories of voters 125
Casting the vote 125
Summary 126
Further reading 126
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CONTENTS ix
7 The House of Commons: Members of Parliament 127
Disqualifications 127
Effects of disqualification 130
Role and functions of MPs 130
The relationship between MP and party 132
Summary 134
References 134
Further reading 134
8 The House of Commons: principal functions 135
Introduction 135
Legislation 136
Scrutiny of executive action 157
Financial proceedings 170
Other functions 177
Summary 179
References 179
Further reading 180
9 The House of Lords 181
Origins and composition 181
Types of peers 183
Disclaimer and disqualification 185
Attendance 186
Powers 187
Functions 190
Proposals for reform 196
Summary 205
References 205
Further reading 206

10 Parliamentary privilege 207
Nature and sources 207
Freedom of speech 208
Freedom from arrest 214
Right of the House to regulate its own composition 215
Right of the House to regulate its internal proceedings 215
RightoftheHousetopunishforbreachofprivilegeandcontemptofParliament 217
The courts and parliamentary privilege 222
The courts and contempt 222
Summary 222
References 222
Further reading 223