Chapter 9 - The Power of the UK Judiciary Flashcards
1
Q
Define Ultra Vires
A
From the Latin, meaning beyond authority (whether a minister or government official has acted beyond the authority granted to them
2
Q
Which act incorporated the treaty of Rome and meant that the EU’s laws take precedence over conflicting UK statutes?
A
European Communities Act 1972
3
Q
What was the Factortame case? When was it?
A
1990, Spanish fishing boats caused controversy, and challenged the legality of the Merchant Shipping Act 1988 under European Law
4
Q
Under the HRA, what was incorporated concerning the judiciary?
A
Conflicts over rights with statutes could be reviewed in UK courts, and the courts can issue a declaration of incompatibility (but UK gov isn’t obliged to do anything about it)
