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Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?

The following Public Law news provides comprehensive and up to date legal information on Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?

Brexit SI Bulletin—latest drafts and sifting committee reports, 5 March 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit SI Bulletin—latest drafts and sifting committee reports, 5 March 2021

Brexit highlights—5 March 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit highlights—5 March 2021

Public Law weekly highlights—4 March 2021

The following Public Law news provides comprehensive and up to date legal information on Public Law weekly highlights—4 March 2021

Featured Public Law content

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Practice notes

Direct effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Parliamentary committees

In briefA great deal of the business of Parliament is carried out by committees of MPs or peers working on a specific subject or task. Public bill...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Sources of constitutional law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Convention rights—structure of qualified rights

The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...

Produced in partnership with Alexander Campbell of Field Court Chambers 12th Jan

Practice notes

Indirect effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

The supremacy of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Adam Cygan of University of Leicester 12th Jan

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Most recent EU law content

Practice notes

The status of EU law in the UK after Brexit

This Practice Note provides background reading on the key forms and principles of EU law and legislation, examining the impact of Brexit on EU-derived...

Produced in partnership with Carl Gardner of Head of Legal 12th Feb

Brexit

Practice notes

European Free Trade Association Court of Justice

The EFTA Court has jurisdiction in relation to EFTA states which are parties to the European Economic Area agreement. At present, these states are...

10th Feb

Practice notes

Guide to the Court of Justice of the European Union

This Practice Note provides a brief description of the Court of Justice of the European Union and provides a list of links for further information....

10th Feb

Brexit

Practice notes

Brexit round-up: reviewing 2017 and previewing 2018 [Archived]

Published on 18 December 2017, this year’s Brexit round-up reviews some of the most significant developments of 2017 and previews what is on the...

8th Feb

Brexit

Q&As

Are there Brexit model clauses that a business should consider incorporating in its service agreement where the business is selling goods and services to customer in and outside UK?

For assistance with your query, see: Brexit—Commercial, in particular the following:...

8th Feb

Brexit

Practice notes

Reference to the European Court of Justice—observations, preliminary rulings and urgent applications [Archived]

ARCHIVED: The UK's departure from the EU means that it is no longer possible for the UK court’s to make a reference to the Court of Justice....

4th Feb

Q&As

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?

The concept of ‘origin’The concept of ‘origin’ in the EU-UK Trade and Cooperation Agreement (TCA) refers to the origin of goods for the purpose of...

Produced in partnership with Fergus Randolph QC of Brick Court Chambers 3rd Feb

Practice notes

Guide to the Council of the European Union

The Council of the European Union is comprised of ministers from each Member State. It is presided over by each Member State for a period of six...

3rd Feb

Practice notes

Guide to the European Commission

The European Commission comprises 27 Commissioners, one from each Member State, including the President, Vice-Presidents and the High Representative...

3rd Feb

Brexit

Q&As

What volume of Brexit-related legislation is anticipated before IP completion day?

This Q&A briefly outlines the key Brexit-related legislation announced by the UK government, highlighting legislation passed, progressing and pending...

2nd Feb

Brexit

Practice notes

Guide to the European Council

The European Council is comprised by the heads of state or government of the Member States of the EU, the European Council President and the President...

1st Feb

Brexit

Practice notes

Useful contact details for the European Union

You can access the official directory of the EU online via the following link: EU Whoiswho. This directory allows you to search by person, entity or...

1st Feb

Practice notes

Getting the Deal Through: Trade & Customs 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Brazil; Chile; China; Colombia; Eurasia; European Union; India; Japan;...

27th Jan

Brexit

Q&As

How does a deal/no deal outcome at the end of the Brexit transition period impact the Northern Ireland Protocol?

The Northern Ireland Protocol (the Protocol) is contained in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern...

22nd Jan

Brexit

Q&As

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

This answer refers to the provisions for implementation of the EU-UK Trade and Cooperation Agreement (TCA), and associated agreements, under Part 3 of...

Produced in partnership with Eleonor Duhs of Fieldfisher and Louise Laing of Brodies LLP, Fieldfisher Counsel for EU and International Law, House of Commons 20th Jan

Q&As

What is the status of EU directives in the context of retained EU law? Are there any circumstances where EU directives or provisions of directives (and associated case law) are retained?

Sections 2 to 7 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A...

Produced in partnership with Michael Bimmler of No 5 Chambers 18th Jan

Practice notes

Guide to the European Parliament

The European Parliament is one of the EU institutions, which exercises legislative powers. Its responsibilities include:•debating and passing laws...

18th Jan

Brexit

Practice notes

Reference to the European Court of Justice—October 2013 changes [Archived]

This Practice Note has been archived and is not updated.From Tuesday 1 October 2013, CPR 68 is being replaced in its entirety. The rationale for this...

18th Jan

Practice notes

Reference to the European Court of Justice (pre-October 2013) [Archived]

This Practice Note has been archived and is not updatedWhat is a reference to the European Court?The Court of Justice of the European Communities...

18th Jan

Q&As

What are the key considerations for establishing whether a piece of direct EU legislation is within the scope of retained EU law?

What are directly applicable EU laws?During the UK’s membership of the EU, EU legislation did not form part of the UK legal system in the same way as...

Produced in partnership with Adam Cygan of University of Leicester 15th Jan

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EU law

View Public Law by content type:

Latest Public Law News

Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?

Brexit SI Bulletin—latest drafts and sifting committee reports, 5 March 2021

Brexit highlights—5 March 2021

Public Law weekly highlights—4 March 2021

Featured Public Law content

Forming enforceable contracts—intention to create legal relations

Separation of powers—legislative, executive and judiciary

Build Operate Transfer (BOT) contracts

Facilitation payments under the Bribery Act 2010

Most recent EU law content

Popular documents

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Overreaching—sales by trustees of land

Compulsory winding up of a company—the process and procedure

Tomlin orders

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