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M V. Home Office
''M v Home Office'' 993UKHL 5is a UK constitutional law case concerning the rule of law. Facts An action for judicial review of the actions of the Home Secretary was brought by M, a deported teacher from Zaire. The Home Secretary, Kenneth Baker, Baron Baker of Dorking, Kenneth Baker, had been told by the High Court to return a Zaire teacher to the United Kingdom on refugee status, after being deported. Judgment Court of Appeal Michael Nolan, Baron Nolan, Nolan LJ held that the teacher had to be returned, and said the following. 992QB 270, 314 House of Lords The House of Lords held that the Home Secretary acted in contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ..., and had to return the teacher. Lord Templeman said the following: See also * United Kin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Baker, Baron Baker Of Dorking
Kenneth Wilfred Baker, Baron Baker of Dorking, (born 3 November 1934) is a British politician, a former Conservative Member of Parliament and cabinet minister, including holding the offices of Home Secretary, Education Secretary and Conservative Party Chairman. He is a life member of the Tory Reform Group. Early life The son of a civil servant, Baker was born in Newport, Monmouthshire. He was educated at Hampton Grammar School between 1946 and 1948, a boys' voluntary aided school in West London (now Hampton School, an independent school). He then went on to study at St Paul's School, a boys' public school then in Hammersmith, London and at Magdalen College, Oxford, where he graduated in 1958 with a BA Degree in History. Whilst at Oxford, Baker served as Secretary of The Oxford Union. Four years later he graduated with a MSc degree in International Law and Regulations. He did National Service in the Royal Artillery, reaching the rank of lieutenant, and worked for Royal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Constitutional Law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over the centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, and free the church from the state; it also enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, as well as the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joined in 1800, but the Republic of Ireland ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national security, policing and immigration policies of the United Kingdom. As a Great Office of State, the home secretary is one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council. The position, which may be known as interior minister in other nations, was created in 1782, though its responsibilities have changed many times. Past office holders have included the prime ministers Lord North, Robert Peel, the Duke of Wellington, Lord Palmerston, Winston Churchill, James Callaghan and Theresa May. In 2007, Jacqui Smith became the first female home secretary. The incumbent home secretary is Suella Braverman. The office holder works alongside the ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zaire
Zaire (, ), officially the Republic of Zaire (french: République du Zaïre, link=no, ), was a Congolese state from 1971 to 1997 in Central Africa that was previously and is now again known as the Democratic Republic of the Congo. Zaire was, by area, the third-largest country in Africa (after Sudan and Algeria), and the 11th-largest country in the world. With a population of over 23 million inhabitants, Zaire was the most-populous officially Francophone country in Africa, as well as one of the most populous in Africa. The country was a one-party totalitarian military dictatorship, run by Mobutu Sese Seko and his ruling Popular Movement of the Revolution party. Zaire was established following Mobutu's seizure of power in a military coup in 1965, following five years of political upheaval following independence from Belgium known as the Congo Crisis. Zaire had a strongly centralist constitution, and foreign assets were nationalized. The period is sometimes referred to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Nolan, Baron Nolan
Michael Patrick Nolan, Baron Nolan, (10 September 1928 – 22 January 2007) was a judge in the United Kingdom, and from 1994 until 1997 was the first chairman of the Committee on Standards in Public Life. In the words of his obituary in ''The Guardian'', "Lord Nolan .. made a profound mark on national life by substantially cleansing the Augean stable of corrupt politics as founding chairman of the Committee on Standards in Public Life." Early and private life Nolan was the son of James Nolan, a solicitor, and his wife, Jane Nolan. His father's family had left County Kerry in the mid-19th century. Lord Nolan cited his parents as "the first and foremost influences on my life". The Nolan family lived in Bexhill-on-Sea. He, his elder brother, James "Jim" Nolan (died 2001) and his nephews, James, Rossa and Luke, all attended Ampleforth College. After two years of national service in the Royal Artillery, from 1947 to 1949, he read law at Wadham College, Oxford, where he was awarded ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Judicial Committee
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Templeman, Baron Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995. Early life and career Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service. After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the Middle Temple, where he was a Harmsworth Scholar, but joined Lincoln's Inn ''ad eundem'' as a MacMahon Scholar. He also practiced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunctions In English Law
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party. Freezing injunctions relate to funds such as bank accounts and are commonly Mareva Injunctions which are sought mainly in fraud, breach of trust and confiscatory proceedings. Injunctions are most common in cases involving significant matters of nuisance, privacy and libel (reputational damage); they are relatively common remedies in major employment/agency/distribution, trust and property disputes, especially interim, interlocutory injunctions pending settlement or final hearing, whichever is the earlier where there is a clear and present danger that the matter in dispute between the parties will be wholly frustrated (such as irretrievably removed outside ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of religious freedom. It was part of the wider Wars of the Three Kingdoms. The first (1642–1646) and second (1648–1649) wars pitted the supporters of King Charles I against the supporters of the Long Parliament, while the third (1649–1651) saw fighting between supporters of King Charles II and supporters of the Rump Parliament. The wars also involved the Scottish Covenanters and Irish Confederates. The war ended with Parliamentarian victory at the Battle of Worcester on 3 September 1651. Unlike other civil wars in England, which were mainly fought over who should rule, these conflicts were also concerned with how the three Kingdoms of England, Scotland and Ireland should be governed. The outcome was threefold: the trial of and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
