Case Studies^

Question 1

Rule of Law

Answer 1

all are equal before the law
foundations of liberal democracy is universal HR and RofL

Question 2

How Long Did It Take To Deport Abu Qatada?

Answer 2

12 years
2005-2013

Question 3

What did The ECHR do for Abu Qatada?

Answer 3

european convention on Human Rights
showed JN & JI as treated all the same even if they were “despicable”
set aside any bias or influence from gov

Question 4

Gina Miller 2017 (1)

Answer 4

ultra vires
gov wanted to trigger Article 50 after EU ref to leave
Judges stopped as said it needs parliamentary vote
- had on in 1972 to enter
demonstrate the constitutional significant of the SC
upheld the principle of parliamentary sovereignty

Question 5

Gina Miller 2019 (2)

Answer 5

Johnson prorogued Parliament for 5 weeks
limit opposition of his Brexit plan
all 11 judges said it was illegal act when key issues needed to be debated
Ultra Vires
Uphold important constitutional principles
proof of independent SC checking power of executive

Question 6

AM (Zimbabwe) Case

Answer 6

SC block HO from deporting a convicted individual back to Zimbabwe
had HIV and his life would have been shortened without treatment
collective rights VS individual
rule of law & HRA upheld

Question 7

Shamima Begum 2022

Answer 7

at 15 went to Syria to join Islamic State
remove UK citizen
2020, CofA said she is allowed to return to appeal
HO: can create national security risk
right to fair hearing VS national security (NS won)
Individual VS collective right

Question 8

R V Jogee

Answer 8

SC overturned joint enterprise
(in group you can be convicted the same as the actual killer)
added “intent to kill”

Question 9

P V Chesire West

Answer 9

“the state has the duty to make reasonable accommodation”
P: Down’s syndrome and cerebral palsy, placed with social services that limited his freedom