Landmark Cases in Public Law answers the need for an historical examination of the leading cases in this field, an examination which is largely absent from the standard textbooks and journal articles of the day. Adopting a contextualised historical approach, this collection of essays by leading specialists in the field provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis. This approach enables each author to throw light on the driving forces behind the judicial outcomes, and shows how the final reasoning of the court was ultimately as much dependent upon such human factors as the attitudes, conduct, and personalities of the parties, their witnesses, their counsel, and the judges, as the drive to seek legal realignment with the political developments that were widely perceived to be taking place. In this way, this form of analysis provides an exposition of the true stories behind these landmark cases in public law.
Satvinder Juss is a Professor of Law at King's College London. Maurice Sunkin is Professor of Public Law and Socio-Legal Studies at the University of Essex.
1. Entick v Carrington : Revisited All the King's Horses Richard Gordon 2. Ridge v Baldwin : `Nuff Said' SH Bailey 3. Padfield v Ministry of Agriculture Fisheries and Food : Judges and Parliamentary Democracy Maurice Sunkin 4. Anisminic Ltd v Foreign Compensation Commission : In Perspective David Feldman 5. Council of Civil Service Unions v Minister for the Civil Service : Reviewing the Prerogative Richard Drabble 6. The Factortame Litigation: Sovereignty in Question John MCEldowney 7. M v The Home Office : Ministers and Injunctions Christopher Forsyth 8. A v Secretary of State for the Home Department : The Belmarsh Case Richard Clayton 9. R v North and East Devon Health Authority : Coughlan and the Development of Public Law Kirsty Hughes 10. R (Jackson) v Attorney-General : Reviewing Legislation Elizabeth Wicks 11. Bancoult and the Royal Prerogative in Colonial Constitutional Law Satvinder S Juss 12. AXA General Insurance Ltd v HM Advocate and Others : The Nature of Devolved Legislation and the Role of the Courts The Honourable Mr Justice Lewis 13. Evans v Attorney General : The Underlying Normativity of Constitutional Disagreement Thomas Fairclough Epilogue: Miller, the Legislature and the Executive Paul Craig