JR and HRA Flashcards
Can a JR be brought on the grounds that there was a failure to consult?
No: there is no general common law duty to consult or give reasons save for very limited circumstances (for example, when statute requires, when a promise has been made etc.)
Is the Supreme Court required to follow judgments of the ECtHR?
Yes - the Supreme Court should follow the ECtHR’s interpretation of convention rights when the point is clear and settled. Thus, if there is a clear line of authority the Supreme Court should follow the ECtHR judgments.
What is the process for remedying an Act of Parliament when there has been a declaration of incompatibility?
Declarations of incompatibility can be addressed by the government through remedial orders. This is a form of secondary legislation which allows the government to amend or repeal legislation, including Acts of Parliament. For matters deemed urgent, ministers can make remedial orders that immediately become effective. However, the order must then be laid before both Houses, and it will cease to have effect if within 120 days, either House has not passed a resolution approving the order
JR: What is the automatic disqualification rule?
When the member of a public body has a financial interest in the decision at issue, they are automatically disqualified from being involved in the decision.
