Judicial Review

Question 1

What are the main powers of judges?

Answer 1

To carry out judicial review and clarify points of law

Question 2

What can judges declare regarding ministerial actions?

Answer 2

They can declare ministerial actions or the actions of official bodies to be ultra vires

Question 3

What can judges declare about primary laws?

Answer 3

They can declare primary laws incompatible with the HRA

Question 4

What can judges declare and suspend in relation to European law?

Answer 4

They can declare and suspend laws incompatible with European law until British withdrawal from the EU

Question 5

What has led to the increase in the power of judicial review?

Answer 5

The importance of EU law in the UK, the codification of the European Convention on Human Rights into UK law under the Human Rights Act, 1998, and increasing conflict between Westminster and devolved bodies over political authority

Question 6

To which higher courts can complaints be taken?

Answer 6

Complaints can be taken to the European Court of Human Rights and the European Courts of Justice

Question 7

True or False: The European Court of Human Rights is part of the EU.

Answer 7

False

Question 8

What is the significance of the Factortame case?

Answer 8

It deals with EU law

Question 9

Fill in the blank: Judges can declare laws incompatible with the _______.

Answer 9

HRA

Question 10

Fill in the blank: The Human Rights Act was enacted in _______.

Answer 10

1998