Week 14 - Seminar 2

Public Highways

Purpose

The main purpose of this seminar is to explore further, through key cases and authoritative texts, the idea of property, and the tensions that exist between responsible land use and ‘property absolutism’. In this seminar you will also investigate the overlap with human rights. In addition you will develop you skills in locating and downloading cases from legal databases and locating and reading chapters from an e book.

Reading and Preparation:

· G&G 10.052 – 10.067 (pp546 – 553)

· Chapters 6 & 7 of Rights of Passage Nicholas Blomley (pps 73 – 93) available as an e book via the Library webpages.

· DPP v Jones [1999] 2AC 240

· City of London Corp v Samede [2012] EWHC 34 (QB)

You may find this blog on Samede helpful http://ukconstitutionallaw.org/2012/05/01/hayley-j-hooper-a-case-without-precedent-city-of-london-v-...

Questions:

1. How are rights to use the highway created or acquired?

The rights to use the highway are in common law and are drawn by common law courts from a form of judicial pedestrianism that characterizes the side-walk as a zone of circulation. The right to use the highway is a public right and is for all.

2. Why are these rights important?

These rights are important as they are used in our daily lives in order for us to commute and transport. In addition they are important because they give us permission to legally use roads for our transportation etc, and the fact that they are centred around the passing and re-passing or circulation of the public means that they are strict in protecting the freedom of the use of the highway and that no one single person may benefit significantly from the sidewalk as opposed to another eg in the case of the lecture example.

3. What limits are there on these rights?

There are many limits to these rights, such as the argument whereupon one may not necessarily be able to voice their point of view or one may not be able to take full advantage of what is meant to be for them (the public) such as handing out leaflets on the pedestrian. Situations where accidents/incidents occur on the highway also collide with this rule along with the problems mentioned in my notes.

4. Explain the relevance of Human Rights to the exercise of these rights

5. Why do G&G suggest that these rights are best described as ‘quasi-proprietary’? To what extent do they limit ‘property absolutism’?

6. What does Blomley mean when he talks about ‘judicial pedestrianism’? Do you agree with his analysis?

7. How does ‘judicial pedestrianism’ impact upon protestors, the homeless and street traders?

Judicial pedestrianism completely collides with many situations in which protesters when voicing their public opinion regarding public issues are and may be seen/classed as obstructing the pedestrian or highway. Homeless people are viewed as objects more than people and they are completely excluded under judicial pedestrianism which means that they are overlooked under the law of the state that is supposedly meant to take them and their lives into consideration.

When you review this seminar at the end of the course, either when preparing for the exam or refreshing your knowledge prior to studying Land Law, consider the following…

1. What is the distinction between the right of access to the public highway and an easement?

2. To what extent does English law support ‘pedestrian democracy

	Created by Maryam Z almost 9 years ago

Note on Week 14 Seminar, created by Maryam Z on 25/01/2016.