Essayzzz And examplezzz

Question 1

How effectively do judges protect civil liberties in the UK? (25)

Answer 1

FOR
ECHR
e.g. Willis v UK, ECHR, 2002
Judicial Review 
e.g. Herceptin Case, 2006
Common Law
e.g. Bibby v Chief Constable of Essex, 2000
Judicial Inquiries 
e.g. Leveson Inquiry

AGAINST 
Limited Judicial Power
e.g.  Belmarsh Cases 
Judges can' the proactive 
e.g. Cost of applying for judicial review was increased by the coalition for £60 to £230 
Legal Framework 
e.g. British Bill of Rights 
Remedial Orders 
e.g. Terrorism Act Remedial Order, 2011

Question 2

To what extent is there conflict in the UK between judges and government ministers? (40)

Answer 2

FOR 
Rule of Law 
e.g Chris Hune 
Ultra Vires 
e.g. Theresa May immigration points 
EU Law
e.g. Factortame Case (1991) 
HRA 
e.g. Othman v UK, 2013 

AGAINST 
Remedial Orders 
e.g. Terrorism Act Remedial Order 2011 
Legal Framework
e.g. British Bill of Rights 
e.g. Terrorist Asset - Freezing Act, 2010
Judges can' the proactive 
e.g. Judicial review cost

Question 3

Should judges rather than politicians be responsible for protecting civil liberties? (25)

Answer 3

FOR 
Rule of Law 
e.g. Chris Hune 
Judicial Review 
e.g. Herceptin Case, 2006 
ECHR 
e.g. Willis v UK, ECHR, 2002 
Judicial Indeoendacne 
e.g. Kilmuir Guidelines

AGAINST 
Legal Framework 
e.g. British Bill of Rights 
Remedial Orders 
e.g. Terrorist Act Remedial Order 2011
Judges can't be proactive  
e.g. Judicial review cost

Question 4

Is the judiciary too powerful or is not powerful enough? (40)

Answer 4

FOR (too powerful)
HRA
e.g. Ghaidin v Ghodin-Mendoza (2004) discrimination against sexuality 
EU Law
e.g. Factortame Case 
Judicial Review 
e.g. HM Treasury v Ahmed and Others, 2010
Judicial Activism 
e.g. Pinochet Trial
Judicial Independence 
e.g. Kilmuir Guidelines 

AGAINST 
Judges aren't powerful enough 
• Most criticisms come from politicians 
e.g. Theresa May 
Law is the problem not the courts 
e.g. GIllian and Quinton v UK, 2010
Unelected 
• A needed check for the government 
Judges don't want to be judicially active 
e.g. Lord Bingham 
Judicial power is limited 
e.g. Belmarsh Cases