Evaluate The View That The Uk Supreme Court Can Effectively Hold The Executive In Check Flashcards
What would be the 3 points and it’s counter
- Judicial Review
Ca - does not lead to prosecution
- Declaration of incompatibility
Ca - govt can tweak the law
- Judicial interpretation of HRA and common law
Ca - govt wants British bill of rights
Judicial Review (effective) what 3 themes are involved with Judicial review
Look at whether something is irrational unlawful or unfair
Judicial Review (effective) what does the process of JR question
The decision of ministers
Judicial Review (effective) what is ultra votes
The ability to declare acts of ministers as being beyond their legal power or authority
Judicial Review (effective) what is the analysis of ultra vires
Profound ability as it keeps govt ministers in check and has the capability to inadvertently reduce acts taken by ministers which they know can be declared as ultra vires
Judicial Review (effective) give the Boris Johnson ultra vires example and in what case and why it was significant
BJ proroguing of parliament was declared as unlawful in the Gina Miller case
It was a significant ultra vires ruling as many oppositions argued that BJ was attempting to circumvent parliamentary scrutiny
Judicial Review (effective) explain the Amnesty Int covid judicial review in relation to care homes
AI involved in campaigns including rights of those in care homes with covid. 18,000 died in care homes with covid. SC declared that health sect acted unlawfully
Judicial Review (effective) explain the Enemy of the ppl newspaper articles
Despite the newspapers calling the SC justices “enemies of the people” for their 2017 ruling
They did not contest brexit itself but the way in which the process was triggered
Judicial Review (effective) explain Judicial review in relation to accountability rights and laws
Jr allows the government to be accountable for their decisions if they undermine rights or laws
JR CA (Doesn’t lead to prosecution) explain the idea of no prosecution
Judicial review does not lead to criminal prosecution and is therefore a limitation on power
JR CA (Doesn’t lead to prosecution) explain the Matt Hancock no prosecution
Even though Matt Hancock acted in a way which resulted in the death of 18.5K people due to covid legislative neglect. There was no prosecution
JR CA (Doesn’t lead to prosecution) explain the judicial review act and relate it to asylum seekers
Provide an analysis
Judicial review act of 2022 will make it harder for people to challenge the govts action in court.
Asylum cases have been refused permission to appeal to judges
Judges can no longer make judgement on immigration and there limits the effectiveness of judicial review
JR CA (Doesn’t lead to prosecution) explain the govt actions in Iraq and Syria and why
The govt actions in Iraq and Syria largely went unchecked
This is so as it is very hard for the courts to hold actions of government to account in foreign wars
JR CA (Doesn’t lead to prosecution) speak about the appellate nature of the courts
Due to the appellate nature of the SC it cannot seek out cases to enact judicial review
- Declarations of incompatibility (effective) what is the amount of DOI’s
There are currently 27 declarations of incompatibility
- Declarations of incompatibility (effective) explain the r vs sec of state for home cases
The r vs sec of state for home case saw the SC rule that the right to rent was incompatible with the ECHR
- Declarations of incompatibility (effective) explain the r v sec of state for international development case
And provide analysis
The SC declared that the refusal of different sex couples to enter civil union ship was incompatible with the ECHR
Present here is the successful usage of DOI and the SC successful protection of rights due to it
- Declarations of incompatibility (effective) explain how DOI hold govt legislation to account
These declarations allow the govt to be held to account as well as their legislation
- CA - (govt can tweak the law) explain how a DOI isn’t a strike down and why
The DOI is not like the strike down powers seen in the US as due to parliamentary sovereignty only the govt can change the law
- CA - (govt can tweak the law) explain the idea of govt tweaking the law
The govt can make amendments to the legislation in order to circumvent and conform to the DOI
- CA - (govt can tweak the law) explain the belmarsh judgment amendment
After the belmarsh judgement of 2004 tony Blair used control orders to keep detainees under surveillance
- CA - (govt can tweak the law) why were the control orders worse
They were worse as they could now be applied to UK citizens and not just foreigners
- CA - (govt can tweak the law) what is the victim count of control orders for brits
52
- CA - (govt can tweak the law) provide an analysis of how the tweaks may not be done in favour of the people
while the govt can tweak laws, it can however not be done in the spirit of the judgement or uphold the intended purpose of the SC verdict
