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Extra resources for English Legal System
They consider it important, as a matter of constitutional principle, that this functional separation should be reflected in the major institutions of the state, of which the final court of appeal is certainly one. . [W]e are at one in regarding it as essential that a new Supreme Court of the United Kingdom, if established, should be properly accommodated and resourced, and equipped with the facilities it will need to discharge its public duties to the best possible effect. The Consultation Paper eschews any detailed consideration of this fundamental aspect.
If the 1949 Act was unlawful then the Hunting Act which was passed using the procedures laid down in that Act was also unlawful. The case was heard by the House of Lords in R (Jackson and Others) v Attorney-General (2005). R (Jackson and Others) v Attorney-General (2005), House of Lords Lord Brown of Eaton-Under-Heywood My Lords, 180 These proceedings attack the Hunting Act 2004. Odd as it may seem, however, whatever views we hold upon the merits or demerits of hunting, or of the legislation which now bans it, are quite immaterial.
This proposition is accepted as correct by Cross & Harris, Precedent in English Law, at p 164, but its authority and its precise terms need careful analysis. The rule as to issues assumed without argument 33 We therefore conclude, not without some hesitation, that there is a principle stated in general terms that a subsequent court is not bound by a proposition of law assumed by an earlier court that was not the subject of argument before or consideration by that court. Since there is no direct Court of Appeal authority to that general effect we should indicate why we think the principle to be justified.