The principal anti-discrimination legislation in this context includes the following: The Equal Pay (NI) Act 1970, the Sex Discrimination (NI) Order 1976. These laws prohibit discrimination and harassment on the grounds of sex, pregnancy, maternity leave, gender reassignment, being married or in a civil partnership. The Disability Discrimination Act 1995 prohibits discrimination and harassment in relation […]
The High Court has the power to grant probate of a will to one or more of its executors. It may grant administration to such persons as the High Court determines in accordance with the court rules. This does not prejudice the power conferred on the High Court relating to the grant of administration to […]
The United Kingdom’s constitutional evolution spans over ten centuries. It lacks a single written constitutional document and is instead composed of both written and unwritten sources. There is a common expectation that a constitution should be contained in a single document adopted by the people or an equivalent assembly. However, in a broader sense, a […]
Unlike many modern written constitutions, the United Kingdom courts have not been in a position to protect fundamental rights against encroachment by Acts of Parliament. However, certain Acts of Parliament have declared fundamental rights, such as Habeas Corpus Legislation and more modern Anti-Discrimination Legislation. Ultimately, the Human Rights Act enabled citizens and subjects to challenge […]
From the 16th century onwards, Britain’s interests expanded considerably abroad. Territory acquired through conquest became an asset of the Crown, with legal authority vested in the Privy Council in the name of the Crown. Over the last 150 years, many British colonies have gained independence. The Colonial Laws Validity Act of 1865 confirmed that colonial […]
In 1603, King James VI of Scotland succeeded to the English Crown and became James I. Both countries retained their own constitutions and parliaments, remaining separate for over a hundred years. Scotland was ruled from London, with much of the governmental work being undertaken by the Scottish Privy Council on the King’s order. The Scottish […]
Local authorities had the principal responsibility for housing policy for over a century. They were directly involved in providing housing, social housing until the mid-1980s. They provided houses and flats directly by constructing them and renting them at reduced rates. The 1980s conservative government instituted a policy of selling council houses to tenants at reduced, […]
By Convention, the Cabinet is collectively responsible. The Cabinet is jointly responsible to Parliament. The principle requires members of the government to take a united front and to maintain confidence in Cabinet discussions. If they disagree with a particular matter, they should resign on it, resign and no longer remain in the Cabinet. Accordingly, Cabinet […]
Historically, the State, embodied by the Crown, had privilege and immunity from legal process. The King could do no wrong and was not liable for actions committed personally or in his name. Further, the King could not be sued in his own courts. Crown privilege covered a whole range of government liability. The Crown Proceedings […]
Judicial review on substantive grounds is broadly based on illegality or irrationality. This is separate from procedural impropriety, which is a failure to observe basic rules of procedural fairness. Illegality involves the incorrect application of the law in circumstances such that the decision-maker’s relevant decision is unlawful. Irrationality or so-called Riemann sphere unreasonableness refers to […]
