By Catherine Elliott, Frances Quinn
Utilized by millions of scholars every year, this best-selling name is your definitive consultant to all facets of the English felony method. preferrred to be used on LLB or GDL programmes, its unrivalled assurance mixed with the authors' trademark readability of writing guarantees you may have the absolute best starting place to your research.
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Extra resources for English Legal System 2016/2017
This conflicts with the traditional approach to such judgments (and the expected approach to judgments of the Supreme Court), confirmed by the House of Lords in Miliangos v George Frank (Textiles) Ltd (1976) that 'the only judicial means by which decisions of this House can be reviewed is by this House itself. TOPICAL ISSUE r Increased influence of the Privy Council Recent developments in criminal law suggest that Privy Council decisions can occasionally make important changes to the common law, even indirectly overruling an earlier House of Lords decision and therefore also decisions of the Supreme Court.
The Constitutional Reform Act 2005 introduced some major reforms to the British constitution. This Act expressly states in its first section that it 'does not adversely affect . . the existing constitutional principle of the rule of law'. 5 A written constitution? There has been much debate in recent years about whether the UK should have a written constitution. The main reasons put forward in favour of this are that it would clear up some of the grey areas concerning conventions, make the constitution accessible to citizens, and, some argue, provide greater protection of basic rights and liberties, such as freedom of speech.
His point is that Parliament draws its power from the fact that it is democratically elected: we accept its authority to make law because we all have a say in who makes up Parliament. Therefore, says Laws J, it must follow that Parliament's power is restricted to making laws which are consistent with democracy, and with the idea that if we are all entitled to a vote, we must also be entitled to a certain minimum level of treatment. That would mean that our example of a law that all newborn boys had to be killed, which would clearly conflict with this entitlement, might actually be beyond Parliament's law-making powers and, according to Laws J, the courts, therefore, would be constitutionally entitled to refuse to uphold it.