Select Committee on Constitution Ninth Report


APPENDIX: ILLUSTRATIONS OF RIGHTS RECOGNISED AND PROTECTED BY THE COMMON LAW


Right Examples of leading cases
Right to lifeR v Secretary of State for the Home Department Ex parte Bugdaycay [1987] AC 514
Liberty of the personBowditch v Balchin (1850) 5 Exch 378; R. v Thames Magistrate Ex parte Brindle [1975] 1 WLR 1400
Justice in publicScott v Scott [1913] AC 417
Prohibition on the retrospective imposition of criminal penalty Pierson v Secretary of State for the Home Department [1998] AC 539
Right to a fair hearingR (on the application of McCann) v Manchester Crown Court [2002] UKHL 39
Access to legal advice and to communicate confidentially with a legal adviser R v Secretary of State for the Home Department Ex parte Daly [2001] UKHL 26
Freedom of expressionPierson v Secretary of State for the Home Department [1998] AC 539; R v Secretary of State for the Home Department Ex parte Simms [2000] 2 AC 115; Derbyshire County Council v Times Newspapers Ltd [1993] AC 534
Limitations on searches of premises and seizure of documents Marcel v Commissioner of Police [1992] Ch 225
Prohibition of the use of evidence obtained by torture A v Secretary of State for the Home Department [2005] UKHL 71
Right of a British citizen to live in and return to the part of the Queen's territory of which he is a citizen R v Secretary of State for the Foreign and Commonwealth Office Ex parte Bancoult [2001] QB 1067
Prohibition of deprivation of rights without compensation Hall v Shoreham-by-Sea UDC [1964] 1 WLR 240
Privilege against self-incriminationW v P [2006] EWHC 1226 (Ch)
A duty on the State to provide subsistence to asylum-seekers R v Secretary of State for Social Security Ex parte Joint Council for the Welfare of Immigrants [1997] 1 WLR 275
Freedom of movement within the United Kingdom R v Secretary of State for the Home Department Ex parte McQuillan [1995] 4 All ER 400

Source: adapted from H. Woolf, J. Jowell and A. Le Sueur, de Smith's Judicial Review (London: Sweet & Maxwell, 2007), chapter 5.

Key:

AC = Appeal Cases published by the Incorporated Council of Law Reporting (ICLR)

QB = Queen's Bench Reports published by ICLR

WLR = Weekly Law Reports published by ICLR

All ER = All England Reports published by LexisNexis Butterworths

UKHL = official citation for House of Lords judgments


 
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