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April 5, 2017 | Legal Theory Systems | By admin | 0 Comments

By Andrew Mitchell

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For example, is Parliament truly sovereign when there are other significant law-makers in the British constitution, when some legislative power is devolved to regional assemblies (such as the Scottish Parliament) and when EC law can override UK law? How can the Government square its desire to protect national security through identity cards, the lengthy detention of terrorism suspects and increased stop and search powers with individual civil liberties and fundamental human rights? To what extent do the Government’s anti-terrorism measures breach the rule of law?

A popular method of learning cases is to give them nicknames. Take the tort case of Grant v Australian Knitting Mills (1936). This can be remembered as ‘the case of the dangerous underpants’, as the facts related to underwear that, owing to the manufacturer’s negligence, caused harm to the unfortunate customer. Other methods include the use of pictures to illustrate a case. Sometimes this can be a simple representation of the case – for example, a snail in a ginger beer bottle for the landmark case of Donoghue v Stevenson (1932) (see Chapter 13) – but on other occasions, an illustration will not only aid the memory but also provide a fuller understanding of the facts.

The following examples of the royal prerogative illustrate the point. The prerogative powers of the ‘Queen in Parliament’ • The monarch has the prerogative power to open new parliamentary sessions and to dissolve Parliament for the purposes of a general election. The former power is illustrated by the Queen’s (or King’s) Speech during the State Opening of Parliament, a ceremonial occasion in which the monarch reads a speech prepared by the Government outlining its proposals for new laws. uk for his 2007 and 2008 statements; the actual Queen’s Speech takes place each year in November).

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