Full Description
Landmark Cases in Public Law answers the need for an historical examination of the leading cases in this field, an examination which is largely absent from the standard textbooks and journal articles of the day. Adopting a contextualised historical approach, this collection of essays by leading specialists in the field provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis. This approach enables each author to throw light on the driving forces behind the judicial outcomes, and shows how the final reasoning of the court was ultimately as much dependent upon such human factors as the attitudes, conduct, and personalities of the parties, their witnesses, their counsel, and the judges, as the drive to seek legal realignment with the political developments that were widely perceived to be taking place. In this way, this form of analysis provides an exposition of the true stories behind these landmark cases in public law.
Contents
1. Entick v Carrington [1765]: Revisited All the King's Horses
Richard Gordon
2. Ridge v Baldwin [1964]: 'Nuff Said'
SH Bailey
3. Padfield v Ministry of Agriculture Fisheries and Food [1968]: Judges and Parliamentary Democracy
Maurice Sunkin
4. Anisminic Ltd v Foreign Compensation Commission [1968]: In Perspective
David Feldman
5. Council of Civil Service Unions v Minister for the Civil Service [1984]: Reviewing the Prerogative
Richard Drabble
6. The Factortame Litigation: Sovereignty in Question
John MCEldowney
7. M v The Home Office [1992]: Ministers and Injunctions
Christopher Forsyth
8. A v Secretary of State for the Home Department [2005]: The Belmarsh Case
Richard Clayton
9. R v North and East Devon Health Authority [2001]: Coughlan and the Development of Public Law
Kirsty Hughes
10. R (Jackson) v Attorney-General [2005]: Reviewing Legislation
Elizabeth Wicks
11. Bancoult and the Royal Prerogative in Colonial Constitutional Law
Satvinder S Juss
12. AXA General Insurance Ltd v HM Advocate and Others [2012]: The Nature of Devolved Legislation and the Role of the Courts
The Honourable Mr Justice Lewis
13. Evans v Attorney General [2015]: The Underlying Normativity of Constitutional Disagreement
Thomas Fairclough
Epilogue: Miller, the Legislature and the Executive
Paul Craig
