8.1 - Influence of Supreme Court on Exec/Pment

Question 1

TO WHAT EXTENT DOES THE SUPREME COURT INFLUENCE THE EXECUTIVE AND PARLIAMENT?

Answer 1

TO WHAT EXTENT DOES THE SUPREME COURT INFLUENCE THE EXECUTIVE AND PARLIAMENT

Question 2

Why can the Supreme Court not refer to a higher constitutional law when delivering its judgements?

Answer 2

The UK does not have a codified constitution

Question 3

What are 4 important constitutional and political functions of the UK Supreme Court?

Answer 3

• 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

Question 4

Determining the meaning of the law

Answer 4

Determining the meaning of the law

Question 5

What principle did the UK Supreme Court overturn in the case ‘R v Jogee’ in 2016?

Answer 5

The principle of ‘joint enterprise’

Question 6

What is the principle of ‘joint enterprise’?

Answer 6

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

Question 7

What did the Supreme Court rule when overturning the principle if ‘joint enterprise’?

Answer 7

That there had to be ‘intent to kill’ shown if members of a group were all to be held guilty of murder

Question 8

Establishing whether a public body had acted ultra vires

Answer 8

Establishing whether a public body has acted ultra vires

Question 9

What is ‘ultra vires’?

Answer 9

The principle that one has ‘acted beyond one’s authority’

Question 10

Who did the Supreme Court had acted ultra vires when they amended the Legal Aid Act?

Answer 10

Chris Grayling

Question 11

Determining the location of sovereignty in the UK

Answer 11

Determining the location of sovereignty in the UK

Question 12

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?

Answer 12

Known as the Gina Miller case: official name is ‘R.Miller v Secretary of State for Exiting the European Union’

Question 13

Who did the Court rule did have the authority to leave the European Union?

Answer 13

Parliament, as in 1972 they had enacted legislation which had brought the UK into the EU

Question 14

What did the Supreme Court rule about indyref2 in November 2022?

Answer 14

That the Scottish government could not hold an independence referendum without the consent of the UK government

Question 15

What did the UK Supreme Court rule about the government’s Rwanda plan?

Answer 15

That it was lawful

Question 16

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?

Answer 16

AA v Secretary of State for Home Department - 2022

Question 17

In what 2020 case did the Supreme Court rule that the government had a duty to protect victims of human trafficking?

Answer 17

MS (Pakistan) v Secretary of State for Home Department - 2020

Question 18

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?

Answer 18

2018

Question 19

What did Parliament pass 4 days after the Treasury v Ahmed case of 2010?

Answer 19

Terrorist Asset Bill - allowed them to do what they want

Question 20

What is sub judice?

Answer 20

Parliament cannot express an opinion on an ongoing case