Evaluate The View That The Uk Supreme Court Can Effectively Hold The Executive In Check

Question 1

What would be the 3 points and it’s counter

Answer 1

1. Judicial Review

Ca - does not lead to prosecution

2. Declaration of incompatibility

Ca - govt can tweak the law

3. Judicial interpretation of HRA and common law

Ca - govt wants British bill of rights

Question 2

Judicial Review (effective) what 3 themes are involved with Judicial review

Answer 2

Look at whether something is irrational unlawful or unfair

Question 3

Judicial Review (effective) what does the process of JR question

Answer 3

The decision of ministers

Question 4

Judicial Review (effective) what is ultra votes

Answer 4

The ability to declare acts of ministers as being beyond their legal power or authority

Question 5

Judicial Review (effective) what is the analysis of ultra vires

Answer 5

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

Question 6

Judicial Review (effective) give the Boris Johnson ultra vires example and in what case and why it was significant

Answer 6

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

Question 7

Judicial Review (effective) explain the Amnesty Int covid judicial review in relation to care homes

Answer 7

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

Question 8

Judicial Review (effective) explain the Enemy of the ppl newspaper articles

Answer 8

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

Question 9

Judicial Review (effective) explain Judicial review in relation to accountability rights and laws

Answer 9

Jr allows the government to be accountable for their decisions if they undermine rights or laws

Question 10

JR CA (Doesn’t lead to prosecution) explain the idea of no prosecution

Answer 10

Judicial review does not lead to criminal prosecution and is therefore a limitation on power

Question 11

JR CA (Doesn’t lead to prosecution) explain the Matt Hancock no prosecution

Answer 11

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

Question 12

JR CA (Doesn’t lead to prosecution) explain the judicial review act and relate it to asylum seekers

Provide an analysis

Answer 12

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

Question 13

JR CA (Doesn’t lead to prosecution) explain the govt actions in Iraq and Syria and why

Answer 13

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

Question 14

JR CA (Doesn’t lead to prosecution) speak about the appellate nature of the courts

Answer 14

Due to the appellate nature of the SC it cannot seek out cases to enact judicial review

Question 15

2. Declarations of incompatibility (effective) what is the amount of DOI’s

Answer 15

There are currently 27 declarations of incompatibility

Question 16

2. Declarations of incompatibility (effective) explain the r vs sec of state for home cases

Answer 16

The r vs sec of state for home case saw the SC rule that the right to rent was incompatible with the ECHR

Question 17

2. Declarations of incompatibility (effective) explain the r v sec of state for international development case

And provide analysis

Answer 17

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

Question 18

2. Declarations of incompatibility (effective) explain how DOI hold govt legislation to account

Answer 18

These declarations allow the govt to be held to account as well as their legislation

Question 19

2. CA - (govt can tweak the law) explain how a DOI isn’t a strike down and why

Answer 19

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

Question 20

2. CA - (govt can tweak the law) explain the idea of govt tweaking the law

Answer 20

The govt can make amendments to the legislation in order to circumvent and conform to the DOI

Question 21

2. CA - (govt can tweak the law) explain the belmarsh judgment amendment

Answer 21

After the belmarsh judgement of 2004 tony Blair used control orders to keep detainees under surveillance

Question 22

2. CA - (govt can tweak the law) why were the control orders worse

Answer 22

They were worse as they could now be applied to UK citizens and not just foreigners

Question 23

2. CA - (govt can tweak the law) what is the victim count of control orders for brits

Answer 23

52

Question 24

2. CA - (govt can tweak the law) provide an analysis of how the tweaks may not be done in favour of the people

Answer 24

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

Question 25

2. CA - (govt can tweak the law) explain the idea of the SC removing DOI and for what

Answer 25

the government is planning to remove DOI for secondary legislation

Question 26

3. Judicial interp of HRA + Common Law (effective) explain how the phrasing of the HRA aids judicial interpretation

Answer 26

the HRA phrasing is that of vagueness allowing for Judicial interpretation

Question 27

3. Judicial interp of HRA + Common Law (effective) Judges since 1998 what? and who wishes to reverse this

Answer 27

Judges since have had the right to determine what the right to a family life means which Dominic Raab wishes to reverse

Question 28

3. Judicial interp of HRA + Common Law (effective) what is the analysis of what the HRA allows for

Answer 28

it allows for judge made law

Question 29

3. Judicial interp of HRA + Common Law (effective) explore the afghan hijackers case and what is the analysis of this

Answer 29

the Afghan hijackers argued that if they were sent back to Afghanistan and were offered indefinite leave to remain by the SC under the HRA

therefore it is evident that the SC can check the actions of the govt in the form of offering protection to and from the executive under the HRA

Question 30

CA - (govt wants a British Bill of Rights) who desires the BBR and why

Answer 30

Dominic Raab desires the BBR in order to specify clauses and to reduce judicial interpretation

Question 31

CA - (govt wants a British Bill of Rights) explain the effect the BBR will have on foreign citizens and migrants and provide an analysis

Answer 31

foreign citizens and migrants will be excluded from the BBR

this therefore means that the SC cannot offer protection against the actions of the executive in regard to migrants under the HRA

Question 32

CA - (govt wants a British Bill of Rights) what effect will specified laws have for judges

Answer 32

it’ll be harder for judges to interpret something which has been specified under law

Question 33

CA - (govt wants a British Bill of Rights) explain the permission stage and provide an analysis

Answer 33

the government wishes to add a permission at the start of human rights cases meaning that before a case is heard appellants will have to show they have faced “significant disadvantage” caused by the abuse of their rights

this therefore acts as a sieve to the amount of HR cases the SC can even hear let alone interpret

Question 34

2. CA - (govt can tweak the law) what is the analysis of why tweaking laws may be bad in ref to interest of public

Answer 34

The tweaks can be made not in favour or in the spirit of the judgement or uphold the intentions of the SC