Judiciary-Parliament Flashcards
What is a fundamental feature of the country’s constitutional arrangements?
Parliament is sovereign - omnicompetent as it can do what they want, pass any laws and expect to have that law implemented and enforced.
As a result, the judiciary is a subordinate body, so judges must enforce the law - no matter how abhorent or undesirable it is.
What is the role of the Supreme Court regarding laws?
- Hears the highest appeal cases.
- Senior judges will interpret laws, taking into account Parli’s wishes and what Parliament intended.
What if judges makes a ruling of which the govt or parliament does not approve?
- Parliament has the option to amend a statute or pass a new one to correct what the judges have done.
- In 2010, the SC ruled the govt did not have the powers to freeze terrorist suspect’s bank assests - PM Brown was incensed but had to accept the judgement. In the event, the statute Terrorist Asset Freezing Act 2010 granted the power to the govt.
- As a result, Parli’s will prevailed.
Parliament and the European Convention on Human Rights
What is a declaration of incompatibility?
A declaration made by a judge that a particular UK law is in conflict with the terms of the ECHR - doesn’t make the law invalid (Parli sovereignty) but it advises Parli and Govt to rethink the law and whether to make it compatible.
Details of the Belmarsh case of 2004
- Nine suspected terrorists were held w/o trial in Belmarsh Prison because of the Crime and Security Act 2001.
- Prisoners appealed against their detention but the Law Lords ruled the 2001 Act was incompatible with the ECHR. Therefore, the govt heeded the judge’s warnings and released the prisoners.
- Detention for suspects were replaced by control orders (restricted movement) by the Prevention of Terrorism Act 2005.
What does the Belmarsh case show about the relationship?
- UK Parliament did not have do this (sovereignty) but it was viewed as essential if the UK was to preserve its reputation for respecting HR.
- On this occasion, the judges successfully asserted the ancient freedom of citizens to not be detained indefinitely w/o trial.
Are these declarations rare?
- Yes - only three from 2010-2015,
- In each case, however, the govt asked Parli to amend the existing law to remove the conflict with the ECHR.
- Means that those who draft legislation and who scrutinise it in Parli must take into account ECHR - mere threat of declaration by judges is enough to influence law making.
- Also a vital protection of HR.
Effect of Brexit on the relationship
Now that the UK has left Europe - able to leave the ECHR and doesn’t have to obey the ECHR. This could lead to further erosion of HR, as shown in the Rwanda case.
