British Judiciary: Judicial Influence On Government

Question 1

What does ECtHR stand for?

Answer 1

European Court of Human Rights

Question 2

Where is the ECtHR based?

Answer 2

Strasbourg

Question 3

Why does leaving the EU not remove the UK’s obligations under the ECHR?

Answer 3

Because many clauses are in the HRA

Question 4

Which European states have not signed or withdrew from the ECtHR?

Answer 4

Belarus, Kazakhstan and Vatican City

Question 5

What are the Three ways leaving the EU impacts on the work of the UK Supreme Court?

Answer 5

A proportion of its case load has been related to EU law, the Supreme Court will no longer be tasked with enforcing EU law over UK law and the removal of a court super to the supreme court could serve to enhance raw Supreme Courts status and authority

Question 6

After Brexit what are the three main areas the UK Supreme Court is limited to impacting?

Answer 6

Revisiting and reviewing earlier legal precedent established under common law and case law, making ultra vires rulings and issuing ‘declarations of incompatibility’ under the HRA

Question 7

What were Lord Neuberger’s five key cases?

Answer 7

R v Horncastle & Others, Al Rai v the Security Service, Prest v Petrodel Resource Ltd, R v Secretary of State for Transport and R v Ministry of Justice

Question 8

What is an example of UK Supreme Court case about hearsay evidence?

Answer 8

R v Horncastle & Others

Question 9

What is an example of UK Supreme Court case about secret evidence in court by the intelligence services?

Answer 9

Al Rai v the Security Service

Question 10

What is an example of UK Supreme Court case about company law and divorce law and should company assets be seen as separate from individual assets?

Answer 10

Prest v Petrodel Resource Ltd,

Question 11

What is an example of UK Supreme Court case about EU directives and the monitoring of parliament?

Answer 11

R v Secretary of State for Transport §

Question 12

What is an example of UK Supreme Court case about the right to die?

Answer 12

R v Ministry of Justice

Question 13

Explain Sutherland v Her Majesty’s Advocate (Scotland - 2020)?

Answer 13

Sutherland was convicted for attempting to communicate indecently with a 13 year old child, even though he had been in correspondence with a 48 year old decoy, the Supreme Court rejecting Sutherland’s appeal that using the covertly obtained evidence against him breached his Article 8 ECHR right to a private life

Question 14

Explain Begum v Special Immigration Appeals Commission And The Secretary of State for the Home Department (2020)

Answer 14

The Court of Appeal ruled that Shamim Begum, a young women who had left the UK aged 15 to join the Islamic State, head a right under Articles 2 and 3 of the ECHR to challenge the UK government’s decision to strip her of British citizenship

Question 15

What is an example of the UK Supreme Court applying Ultra Vires in a case?

Answer 15

The prorogation ruling 24 September 2019

Question 16

What are the three types of authority identified by German Sociologist Max Weber?

Answer 16

Traditional authority, charismatic authority and legal-rational authority

Question 17

What is traditional authority?

Answer 17

Based on established traditions and customs

Question 18

What is charismatic authority?

Answer 18

Based on a leader’s personal characteristics

Question 19

What is legal-rational authority?

Answer 19

Granted as a result of a formal process, such as an election

Question 20

What are the factors enhancing the authority of the UK Supreme Court?

Answer 20

A more independent and less opaque appointments process than which applied to the Law Lords, a clear separation of powers, a ongoing process of ‘demystification’ via public visits, an intelligible website and enhanced coverage in the mainstream media