paragraph 3 Flashcards
1) finally, the increased use of judicial review…
suggests that rights are strongly upheld in the UK
in 2000, the number of reviews was around 4000 but this increased hugely to 15,000 in 2013
2) judicial review enables the judiciary to…
uphold civil rights by scrutinising government policy and reviewing the lawfulness of a decision or action of a public body
3) since the HRA…
the courts have an increased ability to do this as they can make a declaration of incompatibility if the actions of a public body threaten the rights set out in the HRA
thus ensuring that the government does not overstep its powers, known as ultra vires, and violate civil rights
4) for example…
in 2004, 9 terror suspects had been held at Belmarsh prison for several years within a trial under the Crime and Security Act 2001
this contradicted the right to a fair trial so the Supreme Court ruled that the 2001 act was incompatible with the HRA and the government eventually released the prisoners
therefore, judicial review is very important in holding the government to account and essential in protecting civil liberties
1) nevertheless, judicial review may not uphold our rights…
as it places too much power in the hands of unelected and unaccountable judges
2) this is a threat to civil rights because…
these judges may overstep their role and trespass on that of the executive and legislature
their accountability means that there is a risk of the judiciary abusing their power to interpret the law which puts rights are risk rather than upholding them
3) subsequently, judicial review can be seen as an inadequate protection of rights…
because unaccountable forces are making judgments on laws that have wide social and political implications for rights
4) overall, while judicial review has been criticised…
for placing too much power in the hands of judges, it is crucial in holding the government to account which suggests that it upholds rights in the UK rather than threatening them
