Judiciary Examples Flashcards
Leveson Inquiry, 2011-12
Into the conduct of the press and its relations with the police and government
Factortame 1991
High Court ruled that UK 1988 Merchant Fishing Act limiting rights of foreign vessels, contravened European Union Fisheries directives.
UK law was set aside, establishing principle
EU law is superior to UK law
Example of EU law being superior to UK law
Factortame 1991
‘Metric Martyrs’ 2001-2
Michael Douglas vs Hello Magazine 2001
European Court of Human Rights rules that celebrities had a right not to allow unauthorised photos of their wedding to be published.
This established a right to privacy, under the Human Rights Act, for such celebrities
The ‘metric martyrs’ 2001-2
Five tradesmen prosecuted for serving customers in ounces rather than metric units, breaking EU regulations.
They appealed to the High Court, but lost the case.
This showed the primacy of EU law
Mental Health Act Case 2002
The UK Mental Health Act required that a person detained with a mental illness had to prove their own fitness to be released.
The Court rules that this contradicted the Human Right’s Act right to freedom. Instead detainees have a right to freedom unless it is proved to be against the public interest
Belmarsh Case 2004
The House of Lords ruled that detainees held against their will under the Anti-Terrorism, Crime and Security Act (2001) contradicted the Human Rights Act on the grounds that citizens have a right not to be detained without trial.
Government had to amend the Anti-Terrorism, Crime and Security Act to ensure safeguards for suspected terrorists.
Office of Fair Trading v Abbey National and others 2009
The Supreme Court ruled that the Office of Fair Trading had no power to investigate the banks’ system of charging customers for overdrafts.
This limited the regulatory power of govt. over the banks
Successful cases against UK in the European Court of Human Rights
Gillan and Quinton, 2010
Khan, 2010
Alder, 2011
Abu Qatada, 2012
Gillan and Quinton 2010
UK breached privacy rights by stopping and searching people without good reason when seeking out terrorists.
Implication on UK - New guidelines needed on police powers of stop and search
MPs’ expenses 2009
In 2008 a request was made for the release of MP’s expenses claims under the Freedom of Information Act. Parliament was reluctant, but the High Court ruled in favour of releasing the information. The expenses records revealed abuses of the system by many MPs. Several MPs resigned, and four MPs and two Lords were jailed
Third Runway 2010
Campaigners won a High Court battle over plans for a third runway at Heathrow Airport. Councils, residents and green groups argued the government’s plan was at odds with climate change targets. The decision did not rule out a third runway but called for govt. policy to be reviewed
Suspected terrorist bank assets, 2010
The Supreme Court ruled that the govt. did not have the legal power to freeze the assets of suspected terrorists. This forced the govt. to pass the Terrorist Asset-Freezing Bill (2011) to give it such power
Public riots 2011
In August 2011, thousands of people rioted in London and other major cities across England, The lower (magistrates) courts were put under pressure by the media and politicians to hand down severe sentences to looters; the magistrates responded often using their fullest sentencing powers
Phone hacking 2014
Four journalists were found guilty of phone hacking, and were jailed
R (Miller) v Secretary of State for Exiting the European Union, 2017
The case was brought to the High Courts by Gina Miller following the EU referendum in June 2016.
The court decided the govt. could not trigger Article 50 without a parliamentary vote.
The case wes decided in the Supreme Court, after the govt. unsuccessfully appealed against the order.
The govt. consequently had to pass the European Union Bill 2017.
Chilcot Inquiry 2009-16
Into the UK’s role in the Iraq War. The final report was heavily critical of Blair’s govt.
Who is Lord Neuberger of Abbotsbury
The top justice, as president of the Supreme Court.
Example of judges coming from a narrow professional background
Currently 8 out of 12 justices went to Oxbridge and 9 out of 12 went to independent schools
Example of judges being unrepresentative in terms of gender
Of 12 members - Only 1 is female
What was the average age of the supreme court when created in 2009
68
Example of a judge who used to sit in the House of Lords
4 current judges used to sit in the House of Lords - E.G. President Lord Neuberger
Example of a judgement against the government
Contempt of court - Brexit 2017
Suspected terrorist bank assets, 2010
