examples for essays Flashcards
what two examples can be used to show how the judiciary is becoming more politicised through their influence over the constitution?
R v Investagtory powers tribunal 2019
Robinson v Secretary of state for northern ireland 2002
what was r v inestagorty powers tribunal 2019?
formally clarified the limits of government surveillance.
what was robinson v secretary of state for northern ireland 202?
established that northern ireland has the right to elect its own first minister.
What example can be used to show how public confidence is eroded when high profile cases are judged on against public sentiment?
Keatings v The Advocative General 2022
What is Keatings v The Advocative General 2022?
A ruling in 2022 which established that Scotland would not be allowed to call its own referendum unilaterally, and it would have to come from Westminster as it was one of their devolved powers
What is an example of teh supreme court using its quasilegisaltive role to strike down parliamentary acts to do with devolved nations?
Scottish continuity bill 2018
what is the scottish continuity bill 2018?
Scotland wanted to retain European law within its constitution during brexit, however it was found to be in violation of the UK wide Withdrawal Act 2018, so Scotland had to change the way the bill worked. removing the clauses about retention of EU law.
What is an example of the UK striking down parliament due to an act coinciding with previous UK legislation?
Miller v Secretary of State for Exiting the European Union
What act did Miller v Secretary of State for Exiting the European Union 2017 violate?
European Community act 1972, which encorporated the UK into the EU.
What is an example of the Supreme court striking down acts of parliament based on it violating the HRA?
R v Secretary of state 2018
What is R v Secretary of State 2018?
Ruled that civil partnerships should be available to same-sex couples.
What act needed up overthrowing the Miller v Secretary for State for Exiting the European Union ruling?
European Union Act 2017, which divested the power in the Prime Minister to initiate Article 50.
What ruling deemed rwanda unsafe in Nov 2023?
AAA (Syria) & Ors v Secretary of State for the Home
What act overthrew AAA (Syria) & Ors v Secretary of State for the Home?
The Illegal Immigration Act 2024
What are 3 paragraphs in an essay bout politicisation of the supreme court?
-Their quasi.-legislative role is necessary and is maintained as independent and neutral
-HHigh profile cases were an unfortunate inevitability and is a simple side effect of protecting the constitution and checking parliament
-The informal amendments the Supreme Court can make to the constitution. throug common law allow clarification and, although mean they are often taking side in debates and limiting the role of the executive and legislative, they are simply keeping the constitution in line with the will of the people through checking it against statute law.
