E.T.V that the Supreme Court has too much influence over the Executive Flashcards
1
Q
LoA
A
For
2
Q
1) Declarations of Incompatabilty
A
- Can be issued if an act defies the HRA
- Puts signif pressure on the exec to change it
- HJ and HT vs Home Office 2010
- Shamima Begum 2015
- AM v Home Office in 2020
3
Q
Counter
A
- Belmarsh Case
4
Q
2) Determining the meaning of law
A
- Set a legal precedent
- can interpret any acts of parliament
- R v Jogee 2016 - overturned principle of joint enterprise regarding murder - have to have ‘intent to kill’
- P v Cheshire West - social services limited a man with Down Syndromes freedom
- carries weight in the meaning of law
5
Q
Counter
A
- privileged backgrounds
- are bound by what law states
6
Q
3) Ultra Vires
A
- can declare when a public body has over stepped its powers
- Johnson in 2019 and Peroguing parliament
- limiting power to hold the executive to acount
- Unanimous decision to call ultra vires
Nicola Sturgeon attempted to call a second ref which was stopped
7
Q
Counter
A
- exec can ignore it
