8.1 - Influence of Supreme Court on Exec/Pment Flashcards
TO WHAT EXTENT DOES THE SUPREME COURT INFLUENCE THE EXECUTIVE AND PARLIAMENT?
TO WHAT EXTENT DOES THE SUPREME COURT INFLUENCE THE EXECUTIVE AND PARLIAMENT
Why can the Supreme Court not refer to a higher constitutional law when delivering its judgements?
The UK does not have a codified constitution
What are 4 important constitutional and political functions of the UK Supreme Court?
- Determining the meaning of the law
- Deciding whether a public body has acted ultra vires
- Establishing the location of sovereignty in the UK
- Declaring when the government has defied the Human Rights Act
Determining the meaning of the law
Determining the meaning of the law
What principle did the UK Supreme Court overturn in the case ‘R v Jogee’ in 2016?
The principle of ‘joint enterprise’
What is the principle of ‘joint enterprise’?
Those who were part of a group which incited murder could be convicted in the same way was the one who had actually done the killing
What did the Supreme Court rule when overturning the principle if ‘joint enterprise’?
That there had to be ‘intent to kill’ shown if members of a group were all to be held guilty of murder
Establishing whether a public body had acted ultra vires
Establishing whether a public body has acted ultra vires
What is ‘ultra vires’?
The principle that one has ‘acted beyond one’s authority’
Who did the Supreme Court had acted ultra vires when they amended the Legal Aid Act?
Chris Grayling
Determining the location of sovereignty in the UK
Determining the location of sovereignty in the UK
In what 2017 case did the Supreme Court rule that the government did not have the power to leave the EU through the exercise of the royal prerogative?
Known as the Gina Miller case: official name is ‘R.Miller v Secretary of State for Exiting the European Union’
Who did the Court rule did have the authority to leave the European Union?
Parliament, as in 1972 they had enacted legislation which had brought the UK into the EU
What did the Supreme Court rule about indyref2 in November 2022?
That the Scottish government could not hold an independence referendum without the consent of the UK government
What did the UK Supreme Court rule about the government’s Rwanda plan?
That it was lawful
In what case in 2022 the did the Supreme Court use Article 8 of the Human Rights Act to allow convicted Nigerian drug dealer to stay in the UK due to him having a British girlfriend and child?
AA v Secretary of State for Home Department - 2022
In what 2020 case did the Supreme Court rule that the government had a duty to protect victims of human trafficking?
MS (Pakistan) v Secretary of State for Home Department - 2020
When did the Supreme Court declare that the 2005 Civil Partnership Act was incompatible with the HRA 1998, with the government changing the law the following year?
2018
What did Parliament pass 4 days after the Treasury v Ahmed case of 2010?
Terrorist Asset Bill - allowed them to do what they want
What is sub judice?
Parliament cannot express an opinion on an ongoing case
