judicial review Flashcards
what is judicial review?
-the process where judges review the actions of public officials or public bodies to determine whether they have acted in a manner that is lawful
what does acting ‘ultra vires’ mean?
-the government acting beyond the authority given to them under the law
example of the judiciary holding government to account through judicial review: PP
-proroguing parliament
-= suspending parliament at the end of one session before the opening of the next section
-Boris Johnson wanted parliament to be suspended for 5 weeks in 2019, so he could try to pass his brexit bill without it being scrutinised by the executive
-led to lots of opposition
-was taken to the supreme court, and they ruled his action as unlawful
example of the judiciary holding government to account through judicial review: MvsSOSFETEU
-miller vs secretary of state for exiting the European union (2017)
-Theresa May tried to trigger article 50, which would’ve allowed her to achieve Brexit without the bill going through parliament with a vote
-the high court declared that she didn’t have the authority to do this
how does the human rights act enhance the power of the UK judiciary?
-it came into force in 2000
-it incorporated most of the articles of the ECHR into UK law
-it allowed UK citizens to pursue cases under the ECHR directly in UK courts
-every UK aw has to conform with the HRA
example of the HRA involving the supreme court - TvsSOSFBIAS
-Tigere vs secretary of state for business innovation and skills
-2015
-Tigere came to the UK from Zambia, and was eventually awarded temporary permission and discretionary leave to remain in the UK
-she wasn’t eligible for a student loan because she wouldn’t apply for the required indefinite leave to remain until 2018
-the supreme court accepted her appeal on the grounds that the negative impact on her rights under article 2 of the ECHR (right to education) and article 14 (prohibiting discrimination) couldn’t be justified
-she did get her student loan!
