The Foundations of Public Law

Principles and Problems of Power in the British Constitution

by Keith Syrett

Update for Chapter 2: Classifying and controlling power

This update was compiled in January 2013

p.30, n.31


In 2010 the Government indicated that it intended to issue draft legislation codifying the law of parliamentary privilege. However, in a subsequent consultation document issued in April 2012, it stated that it did not believe that the case had been made for codification: HM Government, Parliamentary Privilege, Cm 8318 (2012). A Joint Committee consisting of members of the Houses of Commons and Lords has been established to consider the matter and is expected to report by April 2013.

p.31, paragraph 2

Another example of a high-profile inquiry chaired by a judge is the 'Leveson Inquiry',An Inquiry into the Culture, Practices and Ethics of the Press, HC 780 (2012-13).

p.34, n.48

Now the Fixed-term Parliaments Act 2011.

p.36, n.56

As at January 2013, only half of the twelve Justices of the Supreme Court had served as Law Lords.

p.47, paragraph 1

Another important piece of legislation dealing with individual rights is the Equality Act 2010.

p.62, paragraph 1

See also HM Treasury v Ahmed [2010] UKSC 5, in which the Supreme Court declared unlawful a piece of secondary legislation, the Terrorism (United Nations Measures) Order 2006, which conferred wide powers upon government to freeze the financial assets of persons who were suspected of having committed, attempted to commit, participated in or facilitated the commission of, acts of terrorism. Lord Hope DPSC, [6], referred with approval to Lord Atkin's dissent inLiversidge v Anderson as a model for an appropriate judicial response in this case, arguing that 'Even in the face of the threat of international terrorism, the safety of the people is not the supreme law. We must be just as careful to guard against unrestrained encroachments on personal liberty.'