Constitutional LawCard 4ED (Lawcards) by Cavendish

By Cavendish

Cavendish Lawcards are whole, pocket-sized publications to key examinable components of the legislation for either undergraduate and GDL classes. Their concise textual content, effortless format and compact layout make Cavendish LawCards the suitable revision reduction for picking out, figuring out and committing to reminiscence the salient issues of every region of the legislation.

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The second and third pillars are not governed by Community law but are achieved through intergovernmental co-operation. 41 Cavendish LawCards: Constitutional Law Three pillars of the European Union Justice and home affairs (now Police and judicial co-operation in criminal matters) Common foreign and security policy European Community The founding treaties have been amended on several occasions, particularly following the accession of new Member States. The United Kingdom acceded in 1973. Other major treaties include the following: Â Â The Merger Treaty 1965 merged the then three European Communities under a single set of institutions.

In the GCHQ case, the House of Lords decided that the evidence of possible dangers to national security outweighed any legitimate expectations of the employees, and the Government’s right to determine the terms and conditions of employment was therefore lawfully within its prerogative powers. Statute and the prerogative In a number of cases the courts have made clear that where a statute is enacted to regulate a matter previously falling under the prerogative but not expressly abolishing the prerogative, the statute will prevail.

We may contrast the limited obligation in the statutory words of s 3 of the HRA 1998 – ‘So far as it is possible to do so …’ – with the total obligation in s 2 of the European Communities Act 1972 – ‘… shall be construed …’ (see above). Lord Irvine (the then Lord Chancellor) explained the interaction of ss 3 and 4 of the HRA 1998 in the House of Lords: Section 3(1) requires legislation to be read and given effect to so far as is possible to do so in a way that is compatible with Convention rights.

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