Constitutional and Admin Law Flashcards
Public Order, Judicial Review, EU Law (17 cards)
When must the police give 6 days advance notice for a procession?
Opposition, Campaign, Marking an event
n/a if regularly occur
When is an exception 6 days notice does not need to be given?
When it is not reasonable to give it such as a reaction to something immediate.
When can the police impose conditions on a procession?
Where it is reasonably believed that it will:
- result in serious public disorder
- serious damage
- serious disruption to the community
By a senior officer present
When do the police have the power to impose a ban on a procession?
The Chief Constable reasonably believes that their powers to impose conditions are insufficient to prevent a risk of serious public disorder.
Apply to council prohibiting for 3 months
Consent of secretary of state
Can the police ban a public assembly/protest
NO
When is the ONLY time that the police can ban a public assembly/protest
If its tresspassing
If its over 20 people
- damage to science land, architectural land
When can the police impose conditions on public assemblies
- result in serious public disorder
- serious property damage
- serious disruption to life
When can the police impose conditions on trespassing assemblies
serious disruption to life, damage to land, anything of importance
Can you ban an assembly in advance
NO
When can a 1 person protest be imposed conditions
Where the noise is seriously disrupting to the activities of the organisation
What is the purpose of judicial review? [cocky]
Where the judiciary ensures that the executive acts within the powers they have been granted and do not exceed them [cocky]
What is meant by “acting without legal authority” (ultra vires) in judicial review under illegality ?
It occurs when a decision-maker exceeds the powers granted by statute
When does a policy unlawfully fetter discretion?
If applied rigidly without considering new arguments or if another party dictates the decision
How are “dual purpose” decisions assessed? [loos]
The decision is invalid if an unlawful purpose materially influenced it, unless the lawful purpose was dominant
What is “procedural ultra vires”?
breach of mandatory statutory procedures (R v Soneji).
Whats the timeline for EU Retained Law?
Exited EU in 30/01/2020
Retained EU Law Act 2018 in force at this time meaning if there was a conflict between an EU regulation adopted in 2010 that became retained EU law and act of parliament in 2018, the 2010 would be supreme
On 1 Jan 2024, assimilated EU law replaced retained EU law and from this date EU law is no longer supreme.
- Retained EU is now domestic law and can be amended by just secondary legislation
- UK is under no obligation to implement EU directives
