EXTRA-Judicial Review Flashcards
What is judicial review?
this is the process that enables judges to override decisions and laws of democratically elected governments
What 3 main areas does judicial review cover?
1) rulings on whether specific laws are constitutional
2) resolving conflicts between the state and the citizen over civil liberties
3) resolving conflicts between institutions or levels of government
4) Making rulings on Ultra Vires
What country do judges have strong powers of judicial review?
the US
What does judicial review allow British courts to do?
It enables the courts to monitor the way in which public officials carry out their duties
When did increased relevance of review become apparent?
when in 1987 government lawyers produced a document for Civil Servants which showed them how to avoid the pitfalls
Between 1981-1996 what did the number of applications for judicial review increase to?
from 500 to over 4,000
Which Home Secretary made several important decisions which were considered unlawful by senior judges?
Michael Howard
Why did ministers become overly critical of judges and complain about judicial activism?
this is because of the increase use of judicial review
Between what years did judicial review increase from 500 to 4,000?
1981-1996
Who joined in on the ‘judge bashing’ complaining of the ‘galloping arrogance’ of the judiciary?
the tabloid press
What has judicial review against ministers usually concerned?
- asylum seekers
- immigration
What did Home Secretary David Blunkett accuse judges of?
routinely rewriting the laws that parliament had passed
Why did Home Secretary David Blunkett accuse judges of routinely rewriting the laws that parliament had passed following?
After a judge found that the Nationality, Immigration and Asylum Act 2002 was in breach of the Human Rights Act 1998
What did judges over the review of the Anti-terrorism Crime and Security Act 2001?
that the detention of foreign terror suspects without trial was unlawful as they were subject to indefinite detention
What did human rights group argue that the Anti-Terrorism Crime and Security Act 2001 was in breach of?
both Article 5, the right to liberty and Article 6, the right to a fair trial
