Relations Between Branches- The Influence Of The Supreme Court On The Executive And Parliament, Ultra Vires And Judicial Review Flashcards
Ultra vires
Literally means ‘beyond the powers’. Ultra vires is declared by courts when a public body takes action that is not given to it in law.
Why the Supreme Court and the rest of the judiciary have various ways of controlling the power of both the UK Parliament and the government?
In doing so they are preventing abuses of power and asserting the rights of citizens against the state.
Methods of the Supreme Court and the rest of the judiciary
+ The courts enforce the European Convention on Human Rights (ECHR) when interpreting executive actions and in cases of judicial review.
+ The courts cannot set aside a piece of parliamentary legislation, but they can declare that a law is incompatible with the ECHR, which puts pressure on government to amend the law accordingly.
+ Similarly, the courts impose common law, often when asserting the rights of citizens.
+ The courts impose the rule of law, ensuring that all citizens are treated
equally. This usually occurs as a result of judicial review.
+ In cases of ultra vires the courts decide whether a public body has
exceeded its legal powers. This is also the case when judges rule that the government has exceeded its constitutional powers.
+ Public inquiries by judges can be very persuasive in forcing government to take certain actions.
Judiciary-govt conflicts
Issues:
Sentencing in criminal cases
Rights
Freedom of expression
Freedom of information
Judicial review
Judiciary-govt conflicts
Issues
Judiciary-govt conflicts
Issues
Sentencing in criminal cases
The judges wish to have a free hand in determining sentences on a case-by-case basis. The government, which is responsible for law and order, insists it needs to impose minimum sentences for some crimes, such as possession of weapons.
Judiciary-govt conflicts
Issues
Rights
The judges have a duty to preserve human rights, but these may hinder the government’s attempts to maintain national security, notably over terrorism.
Judiciary-govt conflicts
Issues
Freedom of expression
While the government seeks to control the spread of religious extremism, by prosecuting extreme preachers and so on, the judges have a duty to preserve freedom of expression.
Judiciary-govt conflicts
Issues
Freedom of information
The government believes some information should be secret in the national interest, while judges view sympathetically appeals under the Freedom of Information Act.
Judiciary-govt conflicts
Issues
Judicial review
Judges have become more open to hearing appeals by citizens against public bodies which may have acted unlawfully, beyond their powers, been negligent or discriminated against certain people.
Government claims too many judicial reviews inhibit its ability to govern.
The term ultra vires has the following meaning and implications:
+ It literally means ‘beyond the powers’.
+ Its value is to prevent public bodies from acting unlawfully.
+ It is a common subject of judicial review.
+ Citizens and organisations may appeal against a decision by a public body on the grounds that it was acting outside the powers granted to it by law.
+ The remedy, if a case is proved, is often the cancellation of the decision and sometimes compensation.
