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R (Sainsbury's Supermarkets Ltd) V Wolverhampton CC
''R (Sainsbury’s Supermarkets Ltd) v Wolverhampton CC'' [2010UKSC 20is an English public law case involving invalid considerations of (factors considered by) a local council in making a compulsory purchase order. Judicial review was available and upheld in this case on one or more of four available grounds, namely: error of law, irrationality, serious procedural irregularity, and action for an improper purpose. Facts Wolverhampton City Council approved in principle a compulsory purchase order ("CPO") (under the Town and Country Planning Act 1990 section 226(1)(a)) of land owned by Sainsbury’s (its Raglan Street site) to facilitate instead a competing proposed development for the site by Tesco. The Council took into account Tesco's commitment to contribute financially to public assets at an off-site ("Royal Hospital") site with no proven real connection in issuing its approval. Sainsbury’s contended to the court that it was illegitimate for Wolverhampton to have regard to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In English Law
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. In addition, the Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are also common law constraints on the dec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Public Law
The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched; the Supreme Court of the United Kingdom recognises that there are constitutional principles, including parliamentary sovereignty, the rule of law, democracy, and upholding international law. The Supreme Court also recognises that some Acts of Parliament have special constitutional status, and are therefore part of the constitution. These include Magna Carta, which in 1215 required the King to call a "common counsel" (now called Parliament) to represent people, to hold courts in a fixed place, to guarantee fair trials, to guarantee fre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
