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F01 Constitutional and Administrative Law 76048 Contents.indd 3 5/23/17 7:06 PM
 Contents

Acknowledgement xv
Preface xvii
Table of cases xix
Table of statutes xlii
Table of statutory instruments li
Table of treaties and conventions lii

Part 1 Fundamental principles1

1 Introduction to constitutional and administrative law 3

Objectives 3
What is a constitution? 3
The British constitution 4
The cultural dimension 4
Distinguishing between constitutional law and administrative law 5
The terminology of constitutional and administrative law 5
The geography of the constitution 11
The European dimension 14
Summary 14
References 14
Further reading 14

2 The characteristics of the constitution 15

Objectives 15
Introduction 15
The unwritten constitution 15
Flexibility 19
Unitary 20
Constitutional monarchy 31
Bicameral sovereign Parliament 35
Representative democracy 35
Responsible government 39
The separation of powers 40
The rule of law 48
The European dimension 54
The European Convention on Human Rights 54
Summary 55

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 CONTENTS

References 55
Further reading 55

3 Sources of constitutional and administrative law 56

Objectives 56
Introduction 56
Legislation 57
Judicial decisions 58
Constitutional conventions 60
European Union law 68
European Convention on Human Rights 69
The law and custom of Parliament 69
Summary 69
References 70
Further reading 70

Part 2 Parliament and the European Union 71

4 The European Union: institutions of

government and sources of law 73
Objectives 73
Introduction 73
Origins and development 74
Institutions of law and government 79
Sources of EU law 91
Summary 101
References 101
Further reading 101

5 The legislative sovereignty of the Westminster Parliament 102

Objectives 102
Introduction 102
Application 104
Possible legal limitations 112
Political restraints 119
The relationship between EU law and Acts of Parliament 121
Sovereignty and the Rule of Law: a new hypothesis of constitutionalism 123
Summary 127
References 127
Further reading 127

Part 3 The composition and workings of Parliament 129

6 The franchise and the electorate 131

Objectives 131
Introduction 131

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 CONTENTS

Qualifications 132
Casting the vote 137
Disqualifications 138
Special categories of voters 138
Summary 140
Further reading 140

7 The House of Commons: Members of Parliament 141

Objectives 141
Disqualifications 141
Effects of disqualification 144
Role and functions of MPs 145
The relationship between MP and party 146
The Recall of MPs Act 2015 148
Gender, ethnicity, background, and related matters 149
Summary 150
References 150
Further reading 150

8 The House of Commons: principal functions 151

Objectives 151
Introduction 151
Legislation 152
Scrutiny of executive action 176
Scottish and Welsh affairs at Westminster 187
Northern Irish affairs at Westminster 188
Financial proceedings 188
Other functions of the House of Commons 194
Summary 196
References 196
Further reading 196

9 The House of Lords 197

Objectives 197
Origins and composition 197
Types of peers 199
Disclaimer and disqualifications 201
Attendance 202
Powers 203
Functions 204
Proposals for reform 211
Summary 224
References 224
Further reading 224

10 Parliamentary privilege 225

Objectives 225
Nature and sources 225

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 CONTENTS

Freedom of speech 226

Freedom from arrest 234
Right of the House to regulate its own composition 236
Right of the House to regulate its internal proceedings 236
Right of the House to punish for breach of privilege and contempt of Parliament 238
The courts and parliamentary privilege 246
The courts and contempt 246
Parliamentary privilege and the European Convention of Human Rights 246
Summary 248
References 248
Further reading 248

Part 4 The Executive 249

11 The Prime Minister and Cabinet 251

Objectives 251
Introduction 251
Recent Prime Ministers 253
Choosing a Prime Minister 255
The powers of the Prime Minister 258
Factors contributing to the power of the Prime Minister 260
Limits on Prime Ministerial power 263
The Cabinet 268
The Ministerial Code of conduct 272
Summary 274
References 274
Further reading 274

12 The royal prerogative 275

Objectives 275
Nature and significance 275
History 278
Principal remaining prerogatives 280
The prerogative and statute 287
The prerogative and the courts 288
Summary 294
References 294
Further reading 294

13 Legal liability of the Crown and public authorities 295

Objectives 295
Introduction: the Crown 295
Public authorities generally 305
Negligence and statutory powers 308
Remedies 323
Crown privilege and public interest immunity 324

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 CONTENTS

From Crown privilege to public interest immunity 330

Public interest immunity and criminal proceedings 331
Public interest immunity and national security 334
Summary 335
References 335
Further reading 335

Part 5 Judicial supervision of executive power 337

14 Judicial review: nature and grounds for 339

Objectives 339
The nature of judicial review 339
Judicial review and constitutional fundamentals 340
The scope of judicial review 341
Power and jurisdiction 341
Review and appeal contrasted 343
Grounds for judicial review 344
Illegality 345
Jurisdictional control 346
Control of discretion 351
Reasonableness 362
Irrationality 362
Proportionality 363
Procedural impropriety 367
Summary 384
References 384
Further reading 385

15 Judicial review: applications for, exclusion of,

and exclusivity 386
Objectives 386
Applying for judicial review 386
The procedure 386
Remedies 390
Relator proceedings 395
Exclusion of judicial review and ouster clauses 396
Subjectively worded powers 399
Alternative remedies 400
Justiciability 401
Exclusivity 405
The rule in O’Reilly v Mackman 406
Judicial review and contractual powers 407
Judicial review beyond statutory or prerogative powers 408
Summary 410
Reference 410
Further reading 410

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 CONTENTS

Part 6 Human rights 411

16 The European Convention on Human Rights 413

Objectives 413
Introduction 413
Formulation 414
The European Court of Human Rights 418
General principles of European human rights law 420
The rights protected by the Convention 426
Summary 497
References 497
Further reading 497

17 The human rights act 1998 498

Objectives 498
Freedom versus rights 498
Objectives of the 1998 Act 500
Principal provisions 501
Extra-territorial effect 510
Human rights and judicial review 511
Application of the Human Rights Act 513
Derogation from the Human Rights Act 543
Summary 544
References 544
Further reading 544

18 Police powers, personal liberty and privacy 545

Objectives 545
Personal freedom 545
Stop and search 546
Arrest 551
Detention and questioning 560
Interviewing suspects 562
Inadmissible evidence 567
Entry, search and seizure 569
Surveillance 577
Remedies for police malpractice 589
Police Community Support Officers 591
Summary 592
Reference 592
Further reading 592

19 Restrictions on the rights of freedom of

assembly and association 593
Objectives 593
Introduction: the freedoms defined 593
Statutory restrictions and marches and assemblies 594
Common law preventative powers 602

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 CONTENTS

Statutory public order offences 607

Other relevant statutory offences 611
Common law offences 612
Summary 612
Further reading 613

20 Restrictions on the rights of freedom of expression

and information 614
Objectives 614
Introduction 614
Freedom of expression and the mass media 615
Freedom of expression, obscenity and pornography 622
Freedom of expression and the administration of justice 630
Freedom of expression, public order and national security 633
Freedom of information and data protection 641
Freedom of expression, the internet, and the law of tort 646
Freedom of expression, the internet and the criminal law 647
Summary 649
References 650
Further reading 650

21 Freedom and emergency powers 651

Objectives 651
Emergency powers in general 651
Emergency powers in wartime 652
Emergency powers and terrorism 652
Counter-Terrorism and Security Act 2015 670
Emergency powers in peacetime 672
Emergencies and the common law 674
Summary 675
References 675
Further reading 675

Part 7 Tribunals, inquiries and complaints procedures 677

22 Tribunals and inquiries 679

Objectives 679
Introduction 679
Administrative tribunals 681
Public inquiries 684
The Franks Committee 691
The Council on Tribunals 693
The Leggatt Review 694
A new tribunal system 696
Summary 700
References 700
Further reading 700

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 CONTENTS

23 Public services ombudsmen 701

Objectives 701
Background 701
The Parliamentary Commissioner 703
The Health Service Commissioner 710
The Commission for Local Administration 712
The Housing Ombudsman 714
The Office of the Independent Adjudicator for Higher Education 714
The Prisons and Probation Ombudsman 715
The Legal Services Ombudsman 715
Summary 716
References 716
Further reading 716

Appendix: ‘Brexit’ 717

Glossary 745
Index 758

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 Acknowledgement

We are grateful to the following for permission to reproduce copyright material:

Text
Extracts on page 6, page 7 from Town Investments Ltd v Department of the Environment [1978] AC
359; Extract on page 7 from D v National Society for Prevention of Cruelty to Children [1978] AC 171;
Extract on page 30 from AXA General Insurance Ltd v Lord Advocate [2012] 1 AC 868; Extract on
page 65 from Liversidge v Anderson [1942] AC 206; Extract on page 90 from ‘The Principle of
Proportionality in the Case-Law of the German Federal Constitutional Court’, Lubbe-Wolff,
quoted in R (Pham) v Secretary of State for the Home Department [2015] 1 WLR 1591; Extract on
page 103 from Lee v Bude and Torrington Railway Co (1871) LR 6 CP 577; Extract on page 104 from
Ellen Street Estates v Minister of Health [1934] 1 KB 590; Extract on page 105 from Hunt v London
Borough of Hackney; Thoburn v Sunderland City Council; Harman v Cornwall County Council; Collins
v London Borough of Sutton [2003] QB 151; Extract on page 106 from Phillips v Eyre (1870) LR 6 QB
1; Extracts on page 106, page 281 from Burmah Oil v Lord Advocate [1965] AC 75; Extract on page
120 from Blackburn v Attorney-General [1971] 1 WLR 1037; Extracts on page 124, page 125, page
126 from Jackson v Attorney-General [2006] 1 AC 262; Extract on page 126 from Axa General
Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2012] 1 AC 868; Extract on page 227 from
Adam v Ward [1917] AC 309; Extract on page 231 from Wason v Walter (1868) LR 4 QB 73;
Extract on page 231 from Cook v Alexander [1974] QB 279; Extract on page 232 from Pepper v Hart
[1992] 3 WLR 1032; Extracts on page 232 from Prebble v Television New Zealand Ltd [1995] 1 AC
321; Extract on page 237 from Bradlaugh v Gossett (1884) LR 12 QBD 271; Extract on page 281
from Chandler v Director of Public Prosecutions [1964] AC 763; Extract on page 282 from Kuwait
Airways Corporation v Iraqi Airways Corporation (Nos 4 and 5) [2002] AC 883; Extract on page 284
from Council of Civil Service Unions v Minister for Civil Service [1985] AC 374; Extract on page 285
from BBC v Johns [1965] Ch 32; Extract on page 287 from Attorney-General v De Keyser’s Royal
Hotel [1920] AC 508; Extract on page 290 from Laker Airways v Department of Trade [1977] QB
643; Extracts on page 290, page 362 from Council of Civil Service Unions v Minister for the Civil
Service [1985] AC 374; Extract on page 292 from R (on application of Sandiford) v Secretary of State
for Foreign and Commonwealth Affairs [2014] 1 WLR 2697; Extract on page 297 from
Rederiaktiebolaget Amphitrite v R [1921] 3 KB 500; Extract on page 298 from Crown Lands
Commissioners v Page [1960] 2 QB 274; Extract on page 299 from Dunn v R [1896] QB 116; Extract
on page 300 from Dunn v MacDonald [1897] 1 QB 401; Extract on page 305 from Serder
Mohammed v Secretary of State for Defence [2016] 2 WLR 247; Extracts on page 308, page 309 from
Gorringe v Calderdale Metropolitan Borough Council [2004] 1 WLR 1057; Extracts on page 309, page
312 from X (minors) v Bedfordshire County Council [1995] 2 AC 633; Extract on page 310 from
Phelps v Hillingdon London Borough Council [2001] 2 AC 619; Extract on page 310 from Stovin v
Wise [1996] AC 923; Extract on page 311 from Connor v Surrey County Council [2011] QB 429;
Extract on page 313 from Barrett v Enfield London Borough Council [1999] 3 WLR 79; Extract on
page 319 from Anufrijeva v Southwark London Borough Council [2004] QB 1124; Extract on page
327 from Campbell v Tameside Metropolitan Borough Council [1982] QB 1065; Extracts on page
328 from Burmah Oil v Bank of England [1980] AC 1090; Extract on page 328 from Air Canada v
Secretary of State for Trade [1963] 3 AC 304; Extract on page 328 from Alfred Crompton Amusement
Machines Ltd v Customs and Excise Commissioners (No. 2) [1974] AC 405; Extract on page 328 from
D v NSPCC [1978] AC 171; Extract on page 329 from R (on application of Binyam Mohamed) v
Secretary of State for Foreign and Commonwealth Affairs [2011] QB 218; Extract on page 333 from R
v H [2004] 2 AC 134; Extract on page 342 from R v Central Criminal Court JJ (1886) 17 QBD 598;
Extract on page 342 from Ashbridge Investments Ltd v Minister of Housing and Local Government
[1965] 1 WLR 1320; Extract on page 342 from Padfield v Minister of Agriculture [1968] AC 997;

xv

F01 Constitutional and Administrative Law 76048 Contents.indd 15 17/05/2017 21:14

 ACKNOWLEDGEMENT

Extract on page 343 from Anisminic v Foreign Compensation Commission (No. 2) [1969] 2 AC 147; Extract on page
344 from R v Cambridge Health Authority, ex parte B [1995] 1 WLR 898; Extract on page 347 from White and Collins
v Minister of Health [1939] 2 KB 838; Extract on page 347 from R v Secretary of State for the Home Department, ex parte
Khawaja [1984] AC 74; Extract on page 348 from Runa Begum v Tower Hamlets London Borough Council [2003] 2 AC
430; Extract on page 349 from R v Northumberland Compensation Appeal Tribunal, ex parte Shaw [1952] 1 KB 338;
Extracts on page 349, page 390 from O’Reilly v Mackman [1983] 2 AC 237; Extract on page 351 from R v Race
Relations Board, ex parte Selvarajaran [1975] 1 WLR 1686; Extract on page 352 from R v Skinner [1968] 2 QB 700;
Extract on page 353 from Lavender v Minister of Housing and Local Government [1970] 1 WLR 1231; Extract on page
354 from R v Port of London Authority, ex parte Kynoch Ltd [1919] 1 KB 176; Extract on page 354 from British Oxygen
Co Ltd v Minister of Technology [1971] AC 610; Extract on page 356 from Birkdale District Supply Co v Southport
Corporation [1926] AC 355; Extract on page 357 from R v Hammersmith and Fulham Borough Council, ex parte
Beddowes [1987] QB 1050; Extract on page 358 from Southend Corporation v Hodgson (Wickford) Ltd [1962] 1 QB
416; Extract on page 359 from R v East Sussex County Council, ex parte Reprotech (Pebsham) Ltd [2003] 1 WLR 348;
Extract on page 361 from Earl Fitzwilliams Wentworth Estates Co Ltd v Minister of Town and Country Planning [1951]
2 KB 284; Extract on page 362 from Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223;
Extract on page 365 from R v Secretary of State for Home Affairs, ex party Bugdaycay [1987] AC 514; Extract on page
372 from Kanda v Government of Malaya [1962] AC 322; Extract on page 373 from R v Thames Magistrates, ex parte
Polemis [1974] 1 WLR 1371; Extract on page 374 from R v Army Board of the Defence Council, ex parte Anderson
[1992] 1 QB 169; Extracts on page 374, page 689 from Bushell v Secretary of State for the Environment [1981] AC 75;
Extract on page 375 from Save Britain’s Heritage v No. 1 Poultry Ltd [1991] 1 WLR 153; Extract on page 375 from R
v Secretary of State for the Home Department, ex parte Swati [1986] 1 WLR 477; Extract on page 376 from in R v
Secretary of State for the Home Department, ex parte Doody [1993] 3 WLR 154; Extract on page 376 from R v Higher
Education Funding Council, ex parte Institute of Dental Surgery [1994] 1 WLR 242; Extract on page 377 from R v Sussex
Justices, ex parte McCarthy [1924] 1 KB 256; Extracts on page 377, page 379 from R v Gough [1993] AC 646; Extract
on page 380 from Attorney-General for Hong Kong v Ng Yuen Shiu [1983] 2 AC 629; Extract on page 381 from R v
British Coal Corporation, ex parte Vardy [1993] ICR 720; Extract on page 388 from R v Inland Revenue Commissioners,
ex parte National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617; Extract on page 388 from R v
Greater London Council, ex parte Blackburn [1976] 1 WLR 550; Extract on page 392 from R v Bristol Corporation, ex
parte Hendry [1974] 1 WLR 498; Extract on page 392 from Boyce v Paddington Borough Council [1903] 1 Ch 109;
Extract on page 397 from Smith v East Elloe RDC [1956] AC 736; Extract on page 398 from R v Secretary of State for
the Environment, ex parte Ostler [1976] 3 WLR 288; Extract on page 398 from Attorney-General v Ryan [1980] AC 718;
Extract on page 399 from R v Medical Appeal Tribunal, ex parte Gilmore [1975] 1 QB 574; Extract on page 399 from
Robinson v Minister of Town and Country Planning [1947] KB 702; Extract on page 400 from Secretary of State for
Education and Science v Metropolitan Borough of Tameside [1977] AC 1014; Extract on page 401 from Meade v
Haringey London Borough Council [1979] 1 WLR 637; Extract on page 401 from Secretary of State for the Home
Department v Rehman [2001] 3 WLR 877; Extract on page 402 from R v Secretary of State for the Environment, ex parte
Hammersmith and Fulham London Borough Councils [1991] 1 AC 521; Extract on page 403 from R v Halliday
[1917] AC 260; Extract on page 404 from R v Secretary of State for the Home Department, ex parte Hosenball [1977] 1
WLR 766; Extract on page 405 from R (on application Carlile) v Secretary of State for Home Department [1977] 1 WLR
766; Extract on page 408 from McClaren v Home Office [1990] ICR 824; Extract on page 528 from R (on application
of McCann) v Manchester Crown Court [2003] 1 AC 787; Extract on page 536 from Campbell v MGM [2004] 2 WLR
1232; Extract on page 536 from Venables and Thompson v News Group Newspapers Ltd [2001] Fam 430; Extract on
page 540 from Ashworth Security Hospital v MGN Ltd [2001] 1 WLR 515; Extract on page 559 from R v Self [1992] 1
WLR 657; Extract on page 603 from O’Kelly v Harvey (1883) 14 LR Ir 105; Extract on page 604 from R (on applica-
tion of Laporte) v Chief Constable of Gloucestershire [2007] AC 105; Extract on page 623 from DPP v Whyte [1972]
AC 849; Extract on page 624 from Calder (John) Publications Ltd v Powell [1965] 1 QB 509; Extract on page 625 from
R v Calder and Boyars Ltd [1969] 1 QB 151; Extract on page 626 from R v Stanley [1965] 2 QB 327; Extract on page
629 from Shaw v DPP [1962] AC 220; Extract on page 630 from Knuller v DPP [1973] AC 435; Extract on page 630
from R v Gibson [1990] 2 QB 619; Extract on page 631 from Re Lonrho plc [1980] 2 AC 154; Extracts on page 639,
page 640 from Attorney-General v Guardian Newspapers Ltd (No. 2) [1990] 1 AC 109.
Contains public sector information licensed under the Open Government Licence v3.0.
Contains information licensed under European Union. © European Union, 1995–2017

xvi­

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 Preface

This book has been written for students undertaking legal studies at undergraduate level
and those pursuing similar courses which include constitutional and administrative law as
a core component (e.g. the Postgraduate Diploma in Law). It is intended also to be of use
and interest to those who, for whatever purpose, are seeking an easily comprehensible
introduction to the legal foundations of the British system of government and to the rights
and freedoms to those subject to it. The book’s content is based on over thirty years’
­experience of teaching the subject on A-level, undergraduate and postgraduate courses.
Particular attention has been paid to the views of students concerning the strengths and
weaknesses of pre-existing and alternative textbooks in this discipline.
As with most law books, many of the legal principles included are explained by r­ eference
to particular judicial decisions. The approach taken here has been to discuss those cases
which illustrate the principles in issue most clearly or those which exemplify their most
recent application.
No attempt has been made to produce an exhaustive reference book covering all those
issues which might conceivably fall within the boundaries of the subject. Rather the book
concentrates on the subject’s key issues and those topics which form the essential core of
most constitutional and administrative law syllabi currently taught in further and higher
education institutions.
Few legal disciplines have witnessed change and development on the scale, and with the
rapidity, that has occurred within constitutional and administrative law within recent
years. It follows that much of the subject is concerned with matters of great topicality and
modernity. As such, in addition to those learning its elements for mainly academic
­purposes, it has direct utility for those engaged by the changing fortunes of national and
public affairs in general. Change, crisis, and controversy in the process of government,
politics, and constitutional development, and any relevant legal intervention or reform
which may have followed, all fall within the subject’s proper remit.
Some of the more significant recent developments covered, and which have occurred
since the last edition of the textbook was published, would include:

● introduction of the new ‘English votes for English laws’ (EVEL) legislative process;
● implementation of the new system for electoral registration (Individual Electoral
Registration);
● re-assessment of the extent of the Crown’s legal immunity for acts of state (exercise of
prerogative power overseas);
● further judicial consideration of the extent of police liabilityfor negligent performance
of their duties;
● review of the content and requirements of the conventional rules regulating the
­relationship between the House of Commons and the House of Lords (the Strathclyde
Review);

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 Preface

● extended use of the power to exclude claimants for legal proceedings involving sensitive aspects of public
policy;
● refinement of the meaning of the doctrine of proportionality in the context of English law; EU law, and
the law of the European Convention of Human Rights;
● extensions of police powers in relation to communications data;
● the latest anti-terrorist legislation;
● the extent of the executive power to override judicial decisions;
● introduction of new powers enabling a local electorate to ‘recall’ its MP thereby causing a by-election to
be held;
● the latest ministerial code of practice.

All of these matters, and other important developments, particularly in the burgeoning case-law
r­ elating to human rights, are explained, where relevant, to a level of depth and detail commensurate with
their constitutional significance.
Further details relating to the progress and effects of these modern developments will be provided in the
spring and autumn updates to this textbook which may be found on the accompanying website.
Constitutional and administrative law cannot be fully understood without reference to the national’s
political history and its social and cultural development. This is particularly so in a nation where the
­constitutional and political systems have been evolving, in a largely uninterrupted fashion, for at least a
thousand years. Hence, while every attempt has been made to explain the necessary principles as precisely
and succinctly as possible, it has also been the author’s intention to do so in a way which places these in
their contextual framework. This approach is intended to give insight into the relationship between the
subject and those various political historical and cultural factors which have influenced and shaped its
nature and content.
The author is greatly indebted to all those who have helped in the book’s compilation and production.
Particular and belated thanks are due to the late Mr R.H. Buckley, one-time Principal Lecturer in Law at
Manchester Metropolitan University, for all his help and advice over the year and for exciting the author’s
interest in the subject.

Alex Carroll

xviii­

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 Table of cases

A v B plc [2002] EWCA Civ 337 641 Al-Saadoon and Mufdhi v United Kingdom [2010]
A v Essex County Council [2003] EWCA Civ 1848 309 ECHR 285 420, 421, 430, 447
A v Secretary of State for the Home Department [2004] Al-Skeini v United Kingdom [2011] 53 EHRR 589;
UKHL 56; [2005] 3 All ER 169 506, 522, 544 [2011] ECHR 1093 495
A v United Kingdom [1998] 27 EHRR 611; [1998] Alanov v Chief Constable of Sussex Police [2012]
ECHR 25599/94 447 EWCA Civ 234 554
A v United Kingdom [2002] ECHR 811 227 Albekov v Russia [2008] ECHR 1029 432
A v United Kingdom [2009] 49 EHRR 625; [2009] Albert v Lavin [1982] AC 546 602
ECHR 301 453, 494, 502, 667 Alderson v Booth [1969] 2 QB 216 556
A, B and C v Ireland [2010] ECHR 2032 466 Alford v Chief Constable of Cambridgeshire Police
A (Children), Re [2001] 2 WLR 480 514 [209] EWCA Civ 100 553
AAA v Associated Newspapers [2013] EWCA Civ 554 541 Alfred Crompton Amusement Machines Ltd v
Abassy v Commissioner of Police of the Metropolis Customs and Excise Commissioners (No. 2) [1974]
[1990] 1 WLR 385 556 AC 405 328
Abdulaziz, Cabales and Balkandali v United Kingdom Allason v Haines [1996] EMLR 143; [1995] The Times,
[1985] 7 EHRR 471 492 25 July 233
Abdurashidova v Russia [2010] ECHR 495 433 Allen v Gulf Oil Refining [1981] AC 1001 323
Acmanne v Belgium [1984] 40 DR 252 466 Allenet de Ribemont v France [1995] 20 EHRR 557 461
Adam v Ward [1917] AC 309 227 Amanalachioai v Romania [2009] ECHR 4023/04 468
Adams v Naylor [1946] AC 543 297 Anderson v Gorrie [1895] 1 QB 668 301
Adolf v Austria [1982] 4 EHRR 313; [1982] ECHR Anderson v United Kingdom [1997] ECHR 33689/96;
8269/78 456 27 October 1997, Hudoc 482
ADT v United Kingdom [2001] 31 EHRR 33 466 Angelini v Sweden [1986] 51 DR 41 474
Agnelet v France [2013] ECHR 276 458 Anisminic Ltd v Foreign Compensation Commission
Agricultural, Horticultural and Forestry Industry (No. 2) [1969] 2 AC 147 59, 343, 349, 398
Training Board v Aylesbury Mushrooms [1972] 1 Anufrijeva v Southwark London BC [2003] EWCA Civ
WLR 190 175 1406 319, 509, 533
Ahmed v Austria [1996] 24 EHRR 278 447 Application for a warrant of further detention, An, Re
Ahmed v HM Treasury [2010] UKSC 2 175 [1988] Crim LR 296 561
Air Canada v Secretary of State for Trade [1983] 2 AC Argyll v Argyll [1967] Ch 302 638
394; [1983] 1 All ER 910 328, 331, 333 Armani de Silva v United Kingdom [2016] ECHR 314 435
Airey v Ireland (No 2) [1981] 3 EHRR 592 457 Arrowsmith v United Kingdom [1978] 19 DR 5 474
AJA and Others v Commissioner of Police for the Arslan v Turkey [2010] ECHR 41135/98 475
Metropolis [2013] EWCA Civ 285 580 Ashbridge Investments Ltd v Minister of Housing and
AK Investment CJSC v Kyrgyz Mobil Tel Ltd [2001] Local Government [1965] 1 WLR 1320 342
UKPC 7 283 Ashworth Security Hospital v MGN Ltd [2001] 1 WLR
Akpinar v Turkey [2007] ECHR 183 441 515 540
Aksoy v Turkey [1997] 23 EHRR 553 435 Associated Provincial Picture Houses Ltd v
Al-Kawaja and Tahery v United Kingdom [2011] Wednesbury Corp [1948] 1 KB 223 60, 289, 345,
ECHR 2127 458 355, 362, 365, 400, 511, 553, 709, 757
Al-Jedda v United Kingdom [2011] 53 EHRR 789; Associated Society of Locomotive Engineers and
[2011] ECHR 1092 495, 497 Firemen v United Kingdom [2007] ECHR 184 484

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Association of British Civilian Internees – Far East Aydin v Turkey [2005] 42 EHRR 973; [2005] ECHR
Region v Secretary of State for Defence [2003] 325 443
EWCA Civ 473 365–6 Ayr Harbour Trustees v Oswald [1883] LR 8 App Cas
Association X v United Kingdom [1978] 14 DR 31 466 623 356
Association X, Y and Z v Federal Republic of Germany Azam v Secretary of State for the Home Department
[1986] 5 DR 90 490 [1974] AC 18 394
Associazione Reduci Dalla Prigionia Dalla
‘Internamento E Dalla Guerra Di Liberazione v B v France [1993] 16 EHRR 1 464
Germany [2007] ECHR 45563/01 421 B and L v United Kingdom [2005] ECHR 584
Ataman v Turkey [2006] ECHR 481 435 486, 492
Atkinson v Newcastle Waterworks Co [1877] 2 Ex D Baczkowski v Poland [2007] ECHR 370 485, 492
441 307 Bader v Sweden [2005] 46 EHRR 197; [2005] ECHR
Atlan v United Kingdom [2002] 34 EHRR 33 333 13284/04 491
Attorney-General v Bastow [1957] 1 QB 514 392 Bailey v Williamson [1873] LR 8 QB 118 176
Attorney-General v Blake [2000] 3 WLR 625 640 Bank Mellat v Her Majesty’s Treasury (No. 2) [2013]
Attorney-General v De Keyser’s Royal Hotel [1920] AC UKSC 39 366, 367
508 59, 287 Banks v United Kingdom [2007] 45 EHRR SE 15 517
Attorney-General v Great Eastern Railway Co [1880] Barberà, Messegué and Jabardo v Spain [1989] 11
LR 5 App Cas 473 346 EHRR 360 461
Attorney-General v Guardian Newspapers Ltd (No. 2) Barnard v London Borough of Enfield [2002] EWHC
[1990] 1 AC 109 639–40 2282 (Admin) 509
Attorney-General v Jonathan Cape Ltd [1976] QB 752 Barnard v National Dock Labour Board [1953] 2 QB
66, 274, 640 18 351
Attorney-General v Mirror Group Newspapers [1997] Barnardiston v Soame [1674] 6 St Tr 1063; [1689] 6 St
1 All ER 456 631 Tr 1119 236
Attorney-General v Ryan [1980] AC 718 398 Barnardo v Ford [1892] AC 326 394
Attorney-General v Sharp [1931] 1 Ch 121 392, 395 Barraco v France [2009] ECHR 31684/05 482
Attorney-General v Wilts United Dairies [1921] 37 Barrett v Enfield London BC [2001] 2 AC 550; [1999] 3
TLR 884 59, 112, 189, 346 WLR 79 309–11, 313
Attorney-General of Ceylon v Silva [1953] AC 461 300 Bataliny v Russia; app. 10060/07 443
Attorney-General for Hong Kong v Ng Yuen Shiu Batasuna v Spain [2009] ECHR 25803/04 485
[1983] 2 AC 629 380 Bates v Lord Hailsham [1972] 1 WLR 1373 402
Attorney-General for New South Wales v Trethowan Bates’ Case, see Case of Impositions
[1932] AC 526 112, 113 BBC v Johns [1965] Ch 32 285
Attorney-General’s Reference (No. 3 of 1977), Re BC v Switzerland [1995] ECHR 21353/93 471
[1978] 3 All ER 1166 625 Beach v Freeson [1972] 1 QB 14 230
Attorney-General’s Reference (No. 3 of 1999), Re; Re Becker v Finanzamt Münster-Innenstadt [1982] ECR
British Broadcasting Corporation [2009] UKHL 53 92
34 540 Beghal v Director of Public Prosecutions [2013] UKSC
Attorney-General’s Reference (No. 3 of 2004), Re 49 364, 662
[2004] EWCA Crim 868 590 Behrami v France [2007] 45 EHRR SE10 496
Attwood v Health Service Commissioner [2008] Beldjoudi v France [1992] 14 EHRR 801 469
EWHC 2315 711 Belgium Linguistics Case [1979–80] 1 EHRR 241 489
Austin v Metropolitan Police Commissioner [2007] Bell v United Kingdom [2007] ECHR 47 456
EWCA Civ 989; [2009] UKHL 5 525, 542, 605, 606 Ben El Mahi v Denmark [2006] ECHR 5853/06 496
Austin v United Kingdom [2012] ECHR 105 606 Benham v United Kingdom [1996] 22 EHRR 293 459
Autio v Finland [1991] 72 DR 245 476 Bentley v Brudzinski [1982] 75 Cr App R 217 546
Averill v United Kingdom [2001] 31 EHRR 36 458, 462 Bibby v Chief Constable of Essex [2000] EWCA Civ
AXA General Insurance Ltd v Lord Advocate [2011] 113 605
UKSC 46 30, 126, 508 Bingham v Secretary of State for the Home
Aydan v Turkey [2013] ECHR 16281/10 439 Department [2009] UKHL 47 664

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Binyam Mohammed v Secretary of State for Foreign Brooks v Commissioner of Police of the Metropolis
and Commonwealth Affairs [2010] EWCA Civ 65 [2005] UKHL 24; [2005] 2 All ER 489 315, 317
531 Broome v Broome [1955] P 190 326
Birkdale District Electric Supply Co Ltd v Southport Brown v Stott (Procurator Fiscal, Dunfermline) [2001]
Corp [1926] AC 355 356 2 All ER 97 526
Bizimana v Secretary of State for the Home Browne v Associated Newspapers [2007] EWCA Civ
Department [2012] EWCA Civ 414 523 295 536
Black v United Kingdom [2007] ECHR 54 456 Bryan v United Kingdom [1996] 21 EHRR 342 456
Blackburn v Attorney-General [1971] 1 WLR 1037 Bubbins v United Kingdom [2005] ECHR 159 438
120, 393 Buckley v Law Society [1983] 1 WLR 985; [1983] 2 All
Bladet Tromso v Norway [1999] 29 EHRR 125 478 ER 1039 407
Blokhin v Russia [2013] ECHR 1132 452, 459 Buckley v Chief Constable of Thames Valley Police
Blum v DPP [2006] EWHC 3209 (Admin) 598 [2009] EWCA Civ 356 554
Bolam v Friern Hospital Management Committee Buckley v United Kingdom [1996] 23 EHRR 101 471,
[1957] 1 WLR 382 711 533
Bonham’s (Dr) Case [1610] 8 Co Rep 114 103, 127, 377 Budayeva v Russia [2008] ECHR 216 432
Bookbinder v Tebbit [1992] 1 WLR 217 328 Bukta v Hungary [2007] ECHR 610 483
Boso v Italy [2002] ECHR 846 429 Bull v Chief Constable of Sussex [1995] 159 LG Rev
Bosphorus v Ireland [2005] ECHR 45036/98 415 893 554
Boultif v Switzerland [2001] 33 EHRR 1179 469, 535 Bull and Ball v Hall and Preddy [2012] EWCA Civ
Bouamer v Belgium [1988] 11 EHRR 1 452 83 538
Bourgoin SA v Ministry of Agriculture, Fisheries and Burdett v Abbott [1814] 14 East 1 246
Food [1986] QB 716 322 Burmah Oil Co v Lord Advocate [1965] AC 75 43, 59,
Bouyid v Belgium; app 234280/09 442 106, 281, 289
Bowles v Bank of England [1913] 1 Ch 57 111, 189 Burmah Oil Co Ltd v Bank of England [1980] AC 1090
Bowman v United Kingdom [1998] 26 EHRR 1; [1998] 274, 327
ECHR 4 425 Buron v Denman [1848] 2 Ex 167 304
Boyce v Paddington BC [1903] 1 Ch 109 393 Buscarini v San Marino [2000] 30 EHRR 208 474
Boyle v United Kingdom [1994] 19 EHRR 179 467 Bushell v Secretary of State for the Environment
Bozano v France [1987] 9 EHRR 297 453 [1981] AC 75 374, 688, 689
Bozgan v Romania [2007] ECHR 35097/02 485 Bykov v Russia [2009] ECHR 441 425
Bracknell v United Kingdom [2007] ECHR 989 435 Byrzykowski v Poland [2006] ECHR 648 433
Bradbury v Enfield London BC [1967] 1 WLR 1311 368
Bradlaugh v Gossett [1884] LR 12 QBD 271 200, 228, Cable v United Kingdom [1999] 30 EHRR 1032 461
236, 237 Cakici v Turkey [2001] 31 EHRR 133 445
Brannigan and McBride v United Kingdom [1993] 17 Calder (John) (Publications) Ltd v Powell [1965] 1 QB
EHRR 539 452, 493 509 624
Brasserie du Pêcheur SA v Germany [1996] 2 WLR Cam v Turkey [2016] ECHR 206 492
506 320 Camelot Group plc v Centaur Communications Ltd
Brickley and Kitson v The Police, July 1988, [1999] QB 124; [1998] 1 All ER 251 633
unreported 596 Campaign for Nuclear Disarmament v Prime Minister
Bright v Secretary of State for Justice [2014] EWCA Civ [2002] EWHC 2777 (Admin) 403
1628 535 Campbell v MGM [2004] 2 WLR 1232 536
British Coal Corp v The King [1935] AC 500 120 Campbell v Mirror Group Newspapers Ltd [2002]
British Oxygen Co Ltd v Minister of Technology EWHC 499 (QB); reversed [2004] UKHL 22; [2004] 2
[1971] AC 610 354 WLR 1232 640, 641
Brogan v United Kingdom [1989] 11 EHRR 117 451 Campbell v Tameside Metropolitan BC [1982] QB
Bromley London BC v Greater London Council [1983] 1065 327
1 AC 768; [1982] 1 All ER 153 360 Campbell v United Kingdom [1993] 15 EHRR 137 473
Bronda v Italy [1998] 33 EHRR 81; [1998] ECHR Campbell and Cosans v United Kingdom [1982] 4
22430/939 June 1998, Hudoc 467 EHRR 293; [1982] ECHR 1 489

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Campbell and Fell v United Kingdom [1984] 7 EHRR Christian Democratic People’s Party v Moldova [2006]
165 456, 460 ECHR 132 485
Cannock Chase District Council v Kelly [1978] 1 WLR Christie v United Kingdom [2007] ECHR 253 471
1 360 Church of Bessarabia v Moldova [2010] ECHR
Canon Selwyn, ex p [1872] 36 JP 54 118 45701/99; 13 December 2001, Hudoc 474
Caparo Industries plc v Dickman [1990] 2 AC 605 314 Church of Scientology v Johnson-Smith [1972] 1 QB
Capital and Counties plc v Hampshire County 522 233
Council [1997] QB 1004; [1997] 3 WLR 331 320 Church of Scientology v Sweden [1980] 21 DR 109 508
Carltona Ltd v Commissioners of Works [1943] 2 All Churchward v R [1865] LR 1 QB 173 298
ER 560 352 Cinnamond v British Airports Authority [1980] 1 WLR
Carnduff v Rock [2001] EWCA Civ 683 334 582 381, 391
Carty v Croydon London BC [2005] EWCA Civ 19; Ciorap v Moldova [2016] ECHR 265 443, 445
[2005] 2 All ER 517 309 City of London Corporation v Samede [2012] EWHC
Case of Impositions (Bates’ Case) [1606] 2 St Tr 371 278 34 (QB) 542
Case of Proclamations [1611] 12 Co Rep 74 59, 279, Clarke v Chief Constable of North Wales [2000] All ER
285, 288, 736 477 556
Case of Ship Money, see R v Hampden Clitz v Netherlands [1988] 11 EHRR 360 469
Castorina v Chief Constable of Surrey [1988] NLJR Clunis v Camden and Islington Health Authority
180; [1988] 160 LG Rev 241 554 [1998] QB 978 312, 313
Catan v Moldova and Russia [2012] ECHR 18454/04 Cobzaru v Romania [2007] 47 EHRR 288; [2007]
495 48254/99 492
Cengiz v Turkey [2015] ECHR 1052 479 Coleen Properties Ltd v Minister of Housing and Local
Central Control Board v Cannon Brewery Co Ltd Government [1971] 1 WLR 433 348
[1919] AC 744 59 Colibaba v Moldova [2007] 49 EHRR 1195; [2007]
Central London Property Trust v High Trees House ECHR 847 414
Ltd [1947] KB 130 357, 748 Collins v London Borough of Sutton, see Thoburn v
Cestaro v Italy; app 6884/11 443 City of Sunderland
CF v The Security Service [2013] EWHC 3402 (QB) Collins v Wilcock [1984] 3 All ER 374 546
530–1 Colozza v Italy [1985] 7 EHRR 516 457
Chahal v United Kingdom [1997] 23 EHRR 413 447, 491 Commonwealth of Australia v John Fairfax and Sons
Chandler v Director of Public Prosecutions [1964] AC Ltd [1980] 147 CLR 39 615, 639
763 281, 635 Condron v United Kingdom [2001] 31 EHRR 1 462
Chapman v United Kingdom [2001] 33 EHRR 399 Coney v Choyce [1975] 1 WLR 422; [1975] 1 All ER
470, 533 979 368
Chaytor v R [2010] EWCA Crim 1910; [2010] UKSC 52 Congreve Home Office [1976] QB 629; [1976] 1 All ER
228, 235, 237, 238 697 189
Cheall v United Kingdom [1985] 42 DR 178 484 Connolly v Director of Public Prosecutions [2007]
Cheney v Conn [1968] 1 WLR 242; [1968] 1 All ER 779 EWHC 237 (Admin) 628
107 Connelly v Police Service of Northern Ireland [2006]
Cheshire West and Chester County Council v P [2011] NIQB 98 316
EWCA Civ 1257 521, 524, 525 Connor v Chief Constable of Merseyside [2006]
Chester v Bateson [1920] 1 KB 829 59, 175 EWCA Civ 1549 571
Chief Constable of Greater Manchester v McNally Connor v Surrey County Council [2010] EWCA Civ
[2002] EWCA Civ 14 330 286 311
Chief Constable of Hertfordshire v Van Colle [2008] Connors v United Kingdom [2004] ECHR 223 471
UKHL 50 515 Constancia v The Netherlands [2015] ECHR 397 453
Chief Constable of Merseyside v Hickman [2006] Conway v Rimmer [1968] AC 910 326, 327, 331
EWHC 451 (Admin) 576 Cook v Alexander [1974] QB 279 231
Chitayev v Russia [2007] ECHR 60 442 Cook’s Application, Re [1986] 1 NIJB 43 392
Christians Against Fascism and Racism v United Copland v United Kingdom [2007] ECHR 253 471, 473
Kingdom [1980] 21 DR 138 482, 483 Corigliano v Italy [1982] 5 EHRR 334 456

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Corporate Officer of the House of Commons v Dickson v United Kingdom [2007] ECHR 1051 469, 486
Information Commissioner [2008] EWHC 1084 Digital Rights Ireland Ltd v Minister for
(Admin) 646 Communications, Marine and Natural Resources
Cossey v United Kingdom [1990] 13 EHRR 622 421 [2015] QB 127 122, 123, 364
Costa v ENEL [1964] ECR 585 121 Dillenkofer v Federal Republic of Germany [1997] 2
Costello v Chief Constable of Derbyshire WLR 253 322
Constabulary [2001] 1 WLR 1437 576 Dillon v Balfour [1887] 20 Ir LR 600 227
Costello-Roberts v United Kingdom [1993] 19 EHRR Dimes v Grand Junction Canal Proprietors [1852] 3
112 466 HL Cas 759 377
Couderc and Hachette Filipacchi Associés v France Dingle v Associated Newspapers Ltd [1960] 2 QB 405
[2015] ECHR 992 641 231, 237
Council of Civil Service Unions v Minister for the Director General of Fair Trading v Proprietary
Civil Service (GCHQ case) [1985] AC 374; [1984] 3 Association of Great Britain [2001] 1 WLR 700 527
All ER 935 52, 68, 277, 290, 292, 345, 362, 381, Director of Public Prosecutions v A and BC Chewing
404, 485, 749 Gum Ltd [1968] 1 QB 159 623, 624
Cross v Kirklees Metropolitan BC [1998] 1 All ER Director of Public Prosecutions v Collins [2006] UKHL
564 307 40 628
Crown Lands Commissioners v Page [1960] 2 QB Director of Public Prosecutions v Hancock and Tuttle
274 297 [1995] Crim LR 139 610
Cullen v Chief Constable RUC [2003] UKHL 39 565 Director of Public Prosecutions v Hawkins [1988] 1
Cumming v Chief Constable of Northumbria Police WLR 1166 557
[2003] EWCA Civ 1844 552 Director of Public Prosecutions v Jones [1997] 2 All ER
Curley v United Kingdom [2001] 31 EHRR 14 452 119 597
Customs and Excise Commissioners Cure and Deeley Director of Public Prosecutions v Jordan [1976] 3 All
Ltd [1962] 1 QB 340 189 ER 775 625
Cutler v Wandsworth Stadium Ltd [1949] AC 398 308 Director of Public Prosecutions v Mills [1997] QB
300 610
D v National Society for the Prevention of Cruelty to Director of Public Prosecutions v Whyte [1972] AC
Children (NSPCC) [1978] AC 171 7, 328 849 623
D v United Kingdom [1997] 24 EHRR 423 448 Dobson v Thames Water Utilities Ltd (No 2) [2011]
Darbo v Director of Public Prosecutions [1992] Crim EWHC 3253 323
LR 56 570 Donachie v Chief Constable of Greater Manchester
Darnel’s Case (The Five Knights’ Case) [1627] 3 St Tr 1 Police [2004] EWCA Civ 405 316
279, 289 Donnelly v Jackman [1970] 1 All ER 987 546
Davidson v Scottish Ministers (No. 2) [2004] UKHL Donaghue v Poplar Housing and Regeneration
34 324 Community Association [2001] EWCA Civ 595 410
Davis v Commissioner of Police for the Metropolis Dordevic v Croatia [2012] ECHR 309 442, 443
[2016] EWHC 38 (QB) 590 Dory v Sweden [2002] ECHR 28394/95 456
Day v Savadge [1615] Hob 85 103 Douglas v Hello! Ltd [2001] 2 All ER 289 638
De Morgan v Director General of Social Welfare [1998] Douglas v Hello! Ltd [2005] EWCA Civ 595 536
AC 275; [1998] 2 WLR 427 287 Dovorski v Croatia [2015] ECHR 927 565
De Souza v Director of Public Prosecutions [1992] 4 Doyle v United Kingdom [2007] ECHR 165 139
All ER 545 574 DPP v Mills [1997] QB 300 610
De Wilde, Ooms and Versyp v Belgium [1979–80] 1 Draper v United Kingdom [1980] 24 DR 72 485
EHRR 373 453 DSO and NVD v Commissioner of Police for the
Defrenne v SABENA [1976] ECR 455; [1976] 2 CMLR Metropolis [2014] EWHC 436 (QB) 318–19
98 91 Dudgeon v United Kingdom (No. 2) [1982] 4 EHRR
Delfi AS v Estonia [2015] ECHR 554 478, 479 149 121, 466, 473
Demirci v Turkey [2008] ECHR 477 435 Dugdale v Kraft Foods Ltd [1977] ICR 48 683
Derbyshire County Council v Times Newspapers Ltd Dumbarton District Council v Lord Advocate, see Lord
[1993] 1 All ER 1011 615 Advocate v Dumbarton District Council

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Dumble v Electoral Registration Officer for the Ezeh and Connors v United Kingdom [2003] ECHR
Borders 1980 SLT 60 133 1485 456
Duncan v Cammell Laird & Co Ltd [1942] AC 624 Ezelin v France [1991] 14 EHRR 362 483
325–6
Duncan v Jones [1936] 1 KB 218 603 Faccini Dori v Recreb Srl [1994] ECR I-3325; [1995] 1
Dunlop v Woollahra Municipal Council [1982] AC CMLR 665 321
158 322 Fadeyeva v Russia [2005] ECHR 376 466
Dunn v Macdonald [1897] 1 QB 401 300 Fairmount Investments Ltd v Secretary of State for the
Dunn v R [1896] QB 116 299 Environment [1976] 2 All ER 865 688
Dyson Attorney-General (No. 2) [1912] 1 Ch 158 189 Falakaoglu v Turkey [2005] ECHR 258 482
Family H v United Kingdom [1984] 37 DR 10J 489
E v Chief Constable of the Royal Ulster Constabulary Faulkner v United Kingdom [1998] ECHR 30308/96;
[2008] UKHL 66 519 [2000] The Times, 11 January 419
Earl Fitzwilliam’s Wentworth Estates Co Ltd v Feldek v Slovakia [2001] ECHR 29032/95; 12 August
Minister of Town and Country Planning [1951] 2 2001, Hudoc 478
KB 284 361 Ferrazini v Italy [2002] 24 EHRR 45 455
EB (Kosovo) v Secretary of State for the Home Ferris v Wallace 1936 SC 561 133
Department [2008] UKHL 41 536 Findlay v United Kingdom [1997] 24 EHRR 22; 6 June
Ebrahamian v France [2015] ECHR 1041 475 2000, Hudoc 461
Eccles, McPhillips and McShane v Ireland [1988] 59 Finnigan v Chief Constable of Northumbria Police
DR 212 461 [2013] EWCA Civ 1191 556
Edinburgh & Dalkeith Railway v Wauchope [1842] 8 Finogenov v Russia [2011] ECHR 18299/03; [2011] 32
Cl & F 710 102 BHRC 324 438, 439
Editorial Board of Pravoye Delo and Shtekel v Ukraine Firth v United Kingdom [2014] ECHR 874 490
[2011] ECHR 748 479 Fitzpatrick v Sterling Housing Association [2001] 1 AC
Edwards and Lewis v United Kingdom [2004] 40 EHRR 27 535
24 333, 457 Five Knights’ Case, see Darnel’s Case
Elafteriadis v Romania [2011] ECHR 38427/05 444 Flanagan v South Buckinghamshire District Council
Elberte v Latvia [2015] ECHR 1 441 [2002] EWCA Civ 690 359
Ellen Street Estates v Minister of Health [1934] 1 KB Fletcher’s Application, Re [1970] 2 All ER 527 709
590 104 Foster v British Gas plc [1991] 1 QB 405; [1990] 2
Elliott v Chief Constable of Wiltshire [1996] The CMLR 833 92
Times, 5 December 323 Fox v Stirk [1970] 2 QB 463 132, 133
Ellis v Dubowski [1921] 3 KB 621 352 Fox, Campbell and Hartley v United Kingdom [1990]
Ellis v Home Office [1953] 2 QB 135 326 13 EHRR 157 451, 553
E M (Lebanon) v Secretary of State for the Home Foxley v United Kingdom [2001] 31 EHRR 25 469, 473
Department [2008] UKHL 64 521 Francovich v Italy [1991] ECR I-5357; [1993] 2 CMLR
Enhorn v Sweden [2005] ECHR 34 453 66 92, 321
Ennslin, Baader and Raspe v FRG [1978] 14 DR Frasik v Poland [2010] ECHR 22933/02 486
64 445 Freda v Italy [1980] 21 DR 250 495
Entick v Carrington [1765] 19 St Tr 1029 50 Frodl v Austria [2010] 52 EHRR 267; [2010] ECHR
Erdogan v Turkey [2005] ECHR 19807/92 438 508 490
Errington v Minister of Health [1935] 1 KB 249 688 Frunkin v Russia [2016] ECHR 64 483
Estevez v Spain [2001] ECHR 56501/00 468 Furdik v Slovakia [2008] ECHR 1767 432
ETK v News Group Newspapers Ltd [2011] EWCA Civ
439 641 G v E and others [2010] EWHC 621 (Fam) 525
Evans v United Kingdom [2006] ECHR 200 429 G v Federal Republic of Germany [1989] 60 DR 256
Evans v United Kingdom [2007] 46 EHRR 728; [2007] 482
ECHR 264 422, 468 G and E v Norway [1983] 35 DR 30 533
Eweida v United Kingdom [2013] ECHR 48420/10 Gafgen v Germany [2010] ECHR 759 443
473, 475 Gagiu v Romania [2009] ECHR 63258/00 434

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Exploring the Variety of Random
Documents with Different Content
The Project Gutenberg eBook of Madame X: a
story of mother-love
 This ebook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this ebook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.

Title: Madame X: a story of mother-love

Author: J. W. McConaughy
Alexandre Bisson

Illustrator: Edward Charles Volkert

Release date: December 19, 2018 [eBook #58502]

Language: English

Credits: Produced by Marc D'Hooghe at Free Literature (Images

generously made available by the Internet Archive.)

*** START OF THE PROJECT GUTENBERG EBOOK MADAME X: A

STORY OF MOTHER-LOVE ***
 MADAME X
A STORY OF MOTHER-LOVE

BY
 J. W. McCONAUGHY
FROM THE PLAY OF THE SAME NAME

BY

ALEXANDRE BISSON

ILLUSTRATIONS BY

EDWARD C. VOLKERT

NEW YORK

GROSSET & DUNLAP

PUBLISHERS

1910
 Table

I.Two Invalids
II. The Return
III.Magdalen
IV. Opening for the Defense
V. Continuing for the Prosecution
VI. Closing for the Defense
VII. The Wanderers
VIII. "Confidential Missions"
IX. The Hotel of the Three Crowns
X. The Uses of Adversity
XI. Concerning Dower Claims
XII. "Who Saves Another——"
XIII. From Out the Shadow
XIV. Sic Itur ad Averno
XV. The Swelling of Jordan
XVI. A Woman of Mystery
XVII. Two Lovers and a Lecture
XVIII. A Ghost Rises
XIX. Hope at Last
XX. The Trial Begins
XXI. Cherchez l'Homme
XXII. Madame X Speaks
XXIII. The Verdict
XXIV. The Guttering Flame
XXV."While the Lamp Holds Out to Burn——"
 ELEGIE

(From the French of Massenet)

Oh, Spring of days long ago, blooming and bright,

Far have you fluttered away!
No more the skies azure light, caroling birds
Waken and glisten for me!

Bearing all joy from my heart—Loved one!

How far from my life hast thou flown!
Vainly to me does the springtime return!

It brings thee never again—Dark is the sun!

Dead are the days of delight!
Cold is my heart and as dark as the grave!
Life is in vain—evermore!

MADAME X

CHAPTER I

TWO INVALIDS

A night lamp—the chosen companion of illness, misery and murder—

burned dimly on a little table in the midst of a grim array of bottles
and boxes. In a big armchair between the table and the bed, and
within easy reach of both, sat a young man. It was his fourteenth
night in that chair and he leaned his head back against the cushions
in an attitude of utter exhaustion. The hands rested on the arms
with the palms turned up. But the strong, clean-cut face—that for
two weeks had been a mask of fear and suffering—was transfigured
with joy and thanksgiving when he reached over every few minutes
and touched the forehead of the little boy in the bed. There was
moisture under the dark curls and the fever flush had given way to
the pallor of weakness.
Louis Floriot was a man with steel nerves and an unbending will.
Barely in his thirty-first year, he was Deputy Attorney of Paris, and in
all the two weeks he had watched at the bedside of his boy he had
not been ten seconds late at the opening of court in the morning.
His work and his child were all that were left to him and he divided
the day between them without a thought of himself. The woman
that had made both dear to him was gone. He had loved the baby
with almost more than a father's love because he was hers—theirs.
He had slaved for fame and power to lay them at her feet as a proof
of his love.
Two short years ago it would have been impossible to find a happier
man within the girth of the seven seas. Then one night he had
returned from his office too early—returned to find his life in ruins
and his home made desolate. And she had fled from him into the
night and had gone out of his life—but not out of his memory.
He had striven with all the strength of his will to forget her; but in
his heart he knew that as long as he breathed her image would be
there. He worked with feverish energy and poured his love out on
Raymond. The child was with him every moment that he was not in
court or in his office, but his dark curly hair and great dark eyes
were his mother's and forgetfulness did not lie that way.
In the two years that had passed since the whole scheme of his life
had been shattered he had barely had time to piece together a
make-shift plan that would give him an excuse for living. In this new
plan Raymond was the one element of tenderness. But for his love
for the boy he would have become as stem and inexorable as the
laws in which he dealt. He could not tear Jacqueline out of his heart
but he forced himself to remember only the bitterness of her perfidy.
In the past two weeks the memory had come back more bitterly.
How different, he had thought in the long nights, if she had been
there! They would have watched hand in hand and whispered hope
and comfort to each other. One would have slept calmly when
wearied, knowing that the tender love of the other guarded their
baby. And what happiness would have been theirs that hour when
the fever broke and Raymond passed from stupor to natural sleep!
But she had not loved him—she had not even loved her boy; for she
had deserted both.
Rose, the maid, who had been in their house since his marriage,
softly opened the door and whispered that Madame Varenne was in
the library waiting to see him. He rose with a sigh, and after a last
look at the sleeping child, tiptoed out of the room and noiselessly
shut the door behind him.
Madame Varenne was a sprightly young widow, the sister of Dr.
Chennel, who attended Raymond as if the boy were his own son.
Madame Varenne, too, had almost a motherly affection for the child
and something beyond admiration for the handsome, slightly grayed
father. They supposed, as did everyone else in Passy, that Madame
Floriot was dead. Floriot was living in Paris when she left him and he
moved out to Passy shortly afterward.
He shook hands with her cordially as he came in.
"How kind of you to come, Madame Varenne!" he said, gratefully.
The young woman looked up at him with a happy smile.
"I am delighted with the news that Rose has just given me!" she
exclaimed, pressing his hand.
"Yes," he smiled wearily, "our nightmare is over and it was time it
finished. I couldn't have held out much longer."
"You have had a bad time of it," she murmured, sympathetically.
"It hasn't been easy. And I shall never be able, to thank your brother
enough for what he has done for me," and Floriot's voice trembled.
"He has thought of nothing else beside the boy for weeks and he
was always talking about him," declared Madame Varenne, shaking
her head. "The day before yesterday he went to see one of his old
professors to consult him on the treatment, and he was hard at work
that night experimenting and reading."
Floriot nodded.
"He tells me that it was then that he got the idea which has saved
Raymond's life. I owe my boy's life to your brother, Madame
Varenne," he added, his voice vibrant with gratitude, "and you may
be sure that I will never forget it."
"What he has done has been its own reward," she replied gently.
"My brother is so fond of Raymond!"
Floriot smiled tenderly.
"And you?"
"Oh, I love the child!" she exclaimed.
"He loves you, too," Floriot assured her. "You were the first person
he asked for when the fever left him. And now, that we are alone for
a moment I want to take the opportunity of thanking you from the
bottom of my heart!"
"Thanking me! For what?"
"For your friendship."
"How absurd you are!" she laughed. "Then I ought to be making
pretty speeches to you to thank you for yours as well!"
"It is not quite the same thing," returned Floriot. "You are a
charming, happy, amiable and altogether delightful woman while I—
Well, I'm just a bear."
"You don't mean to say so!" she exclaimed, with a look of mock
alarm.
"Oh, yes!" he nodded with a smile. "Bear is the only word that
describes me—an ill-tempered bear, at that!"
"You will never be as disagreeable as my husband was!" And
Madame Varenne shook her head decidedly. Floriot laughed.
"Really! Was he even gloomier than I?"
"My husband! Good gracious me! You are a regular devil of a chap
compared to him!" exclaimed the sprightly lady, earnestly. Again
Floriot burst into a laugh. It was the first exercise of the kind he had
had in some time.
"You can't have amused yourself much," he suggested. "You can't
have had a wildly merry time."
"I didn't!" was the forcible response. "But now everything and
everybody appear charming by contrast!"
"Even I?" he smiled.
"Yes, even you!" she admitted, with another smile. At that moment
her brother entered and Floriot greeted him affectionately. His first
questions were about Raymond and the replies were satisfactory. He
rubbed his hands enthusiastically and busied himself with his bag,
while Floriot attempted to continue his speech of thanks in the face
of protests from both.
"There, there, there!" broke in the doctor. "How do you know that
we are not both of us sowing that we may reap? One never knows
how useful it may be to be friends with a man in your profession,"
he chuckled.
Madame Varenne made her adieux and left with a rather wistful look
at Floriot as she pressed his hand. She promised to come back the
first thing in the morning.
"And now, friend Floriot," said the doctor, looking at him gravely, "as
the boy is out of danger, you begin taking care of yourself."
Floriot stared at him in surprise.
"Why, there's nothing the matter with me!" he exclaimed.
"Oh, yes, there is!" retorted the man of medicine. "And a great deal
more than you think!"
"Nonsense!" said Floriot, lightly. "I'm a little tired, but a few days'
rest will——"
"No, no, no!" interrupted the doctor, with an energetic shake of the
head. "You are working too much and you are taking too little
exercise. You brood and worry over things and you must take a
cure!"
"What sort of a cure?" inquired Floriot, with an uneasy glance.
"Every morning, no matter what the weather is, you must take a
smart two hours' walk."
"But, my dear fellow——"
"You must walk at a smart pace for two hours," insisted the doctor.
"And you must feed heartily."
"My dear fellow, I can hardly get through a cutlet for my lunch!"
protested Floriot.
"I will let you off to-day, but from to-morrow on you must eat two,"
he continued firmly, as if he had not heard the interruption.
Considering that luncheon was some eight hours in the past, this
was not much of a concession.
"I shall never be able to do anything of the sort!" Floriot declared.
"Oh, yes, you will!" the doctor assured him with exasperating
confidence. "On your way home every evening you must look in at
the fencing school and fence for half-hour, take a cold shower and
walk home."
"Walk! Out to Passy?"
"Out to Passy."
"My dear doctor," he smiled pityingly, "I can't possibly follow your
prescription. I haven't the time."
"Then you must get married," returned the doctor calmly. Floriot
gazed at him for a few moments in dumb amazement and then
laughed amusedly.
"Distraction of some sort is absolutely necessary for your case," the
doctor explained as gravely as a judge. "There is nothing to be
startled at—you've been married before"—Floriot winced—"you can
do so again. A lonely life is not the life for you. Look out for a happy-
minded woman, who will keep you young and be a mother to your
child, and marry her. I have an idea," he smiled knowingly, "that you
won't have much difficulty in finding the very woman!"
In a flash the young lawyer saw what was in his friend's mind. He
saw, too, that he must make him a confidant—tell him a story that
he had sworn should never be put into words. For almost a minute
emotion held him tongue-tied.
Then he said brokenly:
"My friend, I see now that I ought to—I ought to have—told you
before. I—am not a widower!"
Dr. Chennel fell back against the table astounded.
"Not a widower!" he gasped.
"My wife is living," said Floriot in a low, unsteady voice. "After three
years of married life—she left me—with a lover. I came home
unexpectedly one day—and found them—together. They rushed out
of the house in terror. I should have killed them both, I think, if they
had not run."
The doctor murmured something meant to be sympathetic. He was
too much amazed for speech.
"I have sometimes thought of telling you, but, somehow, I could not
talk of it. Chennel, old man!" he cried, miserably, laying his hand on
his friend's arm, "you can't guess how horribly unhappy I am!"
"Then—you—you love her still?" asked the doctor, gently. Floriot
bowed his head to conceal the agony written on his face and threw
up a hand in a gesture of despair.
"I can think of no other woman! God knows, I have tried hard to
forget her! She was the whole joy of my life—my life itself! I cannot
tell you how I suffered. I would have died if I had dared. But I
thought of the child, and that saved me from suicide. I remembered
my duty to the boy and the thought of it kept me alive. If I had lost
him——" He choked and turned abruptly away.
"He will be running about in a week," said the doctor's quiet voice.
"Thanks to you, doctor, thanks to you!" he cried, his eyes shining
with tears and gratitude as he turned to his friend with both hands
outstretched. "You have saved both of our lives!"
They were gripping each other's hands hard when Rose appeared at
the door to announce that Master Raymond was awake. Arm in arm
they hurried off to the sick-room. Rose was about to follow a little
later when she heard the buzz of the muffled door bell.
"It is Monsieur Noel," she thought as she hurried to the door. Noel
Sauvrin, a life-long friend of Floriot's expected to reach the house in
Passy from the south of France that night.
She opened the door with a smile of welcome that changed to a
stare of frightened astonishment. There was a quick swish of skirt, a
half-sob of "Rose!" a half-smothered exclamation of "Madame!" and
a young woman threw herself into the maid's arms.
Jacqueline Floriot had returned.

CHAPTER II

THE RETURN

Madame Floriot's face told its own story of remorse and suffering.
The cheeks had lost their smooth, lovely contour and the dark clouds
under the beautiful eyes spoke of nights spent in tears. The eyes
themselves were now dilated as she gripped the maid's arms until
she hurt her and gazed into her face with searching dread.
"My boy! Raymond!" she gasped, brokenly. "Is it true—has he been
ill?"
The maid gently disengaged herself from the clinging arms and
glanced uneasily at the library door. Madame Floriot followed the
look and moved quickly forward as the maid answered: "For more
than two weeks, madame."
The woman timidly pushed the door open and stepped into the
library. She gave a quick gasp of relief when she saw that the room
was empty.
"I only heard of—it—yesterday—by accident," she half-whispered,
her hand at her throat. Then as the memory of the hours of grief
and dread swept over her she cried:
"Rose, I must see him!"
The maid looked her alarm.
"Monsieur Floriot is with him, madame!"
"Ah—h!" she stifled a sob.
"Poor little chap!" said Rose, tenderly. "We thought he could never
get over it!"
The tortured mother sank into a chair with a moan of anguish.
"But the danger is over now," continued Rose, gently. "The doctor
says he will soon be well again."
Jacqueline's eyes fell on a photograph of the boy on the table beside
her and she seized it with both hands and held it to her face.
"My Raymond! My laddie!" she sobbed, softly. "How he has grown!
How big—and strong—he looks!"
"He does not look strong now, madame," and Rose shook her head.
"To think—that he might have died! And I should never have seen
him again! My darling, my little laddie!" The face of the picture was
wet with tears and kisses. "I wonder if he will recognize me! Does
he remember me at all?" she cried eagerly.
The maid gave a start and an exclamation of alarm.
"Here's Monsieur Floriot!"
Jacqueline rose unsteadily with a smothered cry and all but reeled
toward the door. In a moment Rose's arm was around her.
"No, no!" she whispered, reassuringly. "I was mistaken! I thought I
heard him coming."
The woman stood with both hands pressed to her breast and Rose
watched her pityingly. She had loved her young mistress dearly and
had seen much in her short married life to which both husband and
wife had been blind. It was several moments before Jacqueline had
sufficiently recovered from the shock to speak.
"How—my heart—beats!" she panted. And then after another pause:
"What—will he say—to me? But I don't care—I don't care what he
says if he will only pardon me enough to let me stay here with my
boy. If he—if he refuses to see me—I don't know what will happen
to me! Rose! Rose!" she cried, piteously, sobbing on the maid's
shoulder, "I—I am afraid!"
Rose patted her shoulder and murmured sympathy until the sobs
became less violent. Then she suggested gently:
"Wouldn't it be better to write to Monsieur Floriot, madame? He does
—he doesn't expect you and—you know how quick-tempered he is."
"I have written to him! I have written three letters in the last three
weeks and he has not answered them."
"He didn't open them," said Rose, very low.
There was another convulsive sob and then Jacqueline straightened
and threw back her head, her eyes shining with feverish resolve.
"I must see him! I will see him!" she cried in a high, unnatural voice.
"He cannot—he must not condemn me unheard! He loved me a little
once—he must hear me now! Does he ever speak of me?"
The maid sadly shook her head.
"Never, madame."
"Never!" she echoed faintly.
"No, madame."
Jacqueline turned away for a moment with a sob of despair.
"What did he say—what did he do when I—left? Do you remember?"
Rose shuddered at the recollection.
"I shall never forget it! He was like a madman! He shut himself up in
his room for days together and wouldn't see anyone. Once he went
out and was gone for twenty-four hours. I used to listen outside his
door and I heard him sobbing and crying. I was so frightened once
that in spite of his orders I went into his room. It was in the evening
and he was sitting by the fire burning your letters and photographs
and the tears were rolling down his cheeks!"
Jacqueline listened white-faced, and as Rose told the story of her
husband's grief a sudden gleam of hope made her dizzy and faint.
He had loved her deeply, after all! He must still love her a little! She
had not lost everything!
"The boy saved his brain, I think," Rose was saying, but she barely
heard her. "He never would let him leave him, night or day. Then he
began to calm down a little and seemed to settle to his work again.
He has worked a little harder than before—that's all. Then we moved
out here," she added.
Jacqueline turned to her and she was more nearly calm than she
had been at any moment since entering the house.
"Rose, I must see him!" she cried, determinedly. "Go and tell him
that a lady wants to speak to him, but do not let him guess who it
is!"
"Ah, but——"
"Rose, I beg of you!"
The maid shook her head doubtfully and then with a sigh of
resignation, went out to carry the message. Jacqueline, her knees
trembling, dropped weakly into a chair and strove to compose
herself for the terrible interview to come. In returning she had had
no hope of forgiveness, for she had not believed that her husband
had ever truly loved her. But now that she had gained hope from
Rose's story of his grief her emotions were beyond control.
There was no natural vice in her, and for that reason she had walked
in the purgatory of the fallen who are still permitted to see
themselves with the eyes of the virtuous. Vice breeds callousness.
She had been gay, witty, laughter-loving and emotional. Without
love, as she understood it, she felt herself to be incomplete. She had
worshipped her husband, but at last had come to believe that she
was giving far more than she received. She never knew the heart of
the silent, serious, hard-working man. Her vanity was hurt, and
through her vanity she fell—to be driven away from her husband and
her boy.
Her boy! For two years she had thought of little else, had dreamed
of nothing else but the hour when she would be permitted to hold
him to her breast. Surely, even the stem attorney who had loved her
once would not deny her the mother's right to be with her child in
his illness! He must permit her to live where she could see her boy
sometimes and watch him grow to manhood!
She picked up the photograph and kissed it passionately again and
again.
"Oh, my darling, my dear one! My laddie!" she half sobbed. "If it
were not for you I——"
A door facing her opened softly and her husband stepped into the
room!
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