Relationship Between Gov Branches: Court Cases Flashcards
What was ‘Reilly v Secretary of State for Work and Pensions 2013’?
- Reilly argued that requiring her to work for a private company to receive her benefit payment (‘Welfare to Work’ scheme) was infringing her protection against slavery.
- ECHR said they had not infringed ECHR, but they acted in ‘Ultra Vires’, by passing the Job seekers Act, so no offence was committed.
- However, the court stated it as now up to Parliament to decide in the light of ‘declaration of incompatibility’
What was ‘Abu Quatada vs UK 2012’?
- The gov wanted to deport Quatada to Jordan as they saw him as a suspected terrorist.
- Article 6 of the ECHR forbidden this, as the evidence may be gained through torture.
- He was deported anyways, despite the European Court’s claim.
What was ‘Miller v PM 2019’?
Johnson tried to suspend parliament through the power of royal prerogative which the court claimed was unlawful.
What was ‘R v Metropolitan Commissioner of Police 2011’?
- There was concern over the extent to the police’s powers to retain biometric data associated with individuals no longer suspected.
- The police were bound to the powers given by section 64, meaning the police had to retain data base samples and profiles of suspects.
- To solve the case, the court left it to Parliament.
What was ‘Miller v Secretary of State for Exiting the EU 2017’?
- The gov claimed they could begin the process of leaving the EU following the EU referendum, as they claimed they were given royal prerogative.
- The Supreme Court held a decision taken in the High Court stating the gov did not have the authority as the results of the ref were legally non binding.
- They needed the consent of Parliament, as the act could remove certain rights.
- Lord Neuberger stated ‘by cutting source of EU law, changes should be authorised by Parliament.’
What was ‘P v Cheshire Council 2014’?
- A man was placed with social services with cerebral palsy and Down’s Syndrome, and claimed he had limited personal freedoms.
- Lady Hale said that ‘a gilded cage is still a cage’
- Supreme Court ruled that P was “under continuous supervision and control and was not free to leave” and was therefore deprived of his liberty.
What was ‘R v Chaytor and others 2010’?
- Chaytor, Devine, and Morley claimed they couldn’t be trialled in Crown Court on charge of false accounting as they had Parliamentary Privilege.
- The Supreme Court ruled that Parliamentary Privilege did not extend to criminal offences.
What was ‘R(UNISON) v Lord Chancellor 2017’?
- UNISON declared to the Supreme Court that the gov’s introduction of employment tribunal fees was unlawful, as the fees risked denying justice to those on low incomes.
- The Supreme Court agreed.
What was ‘Al Rawi v Security services 2011’?
- Former detainees claimed British security services shared responsibility for their ill treatment at Guantanamo Bay.
- The gov claimed the evidence of the head of security should not be given in case it breached national security.
- The Supreme court agreed with detainees, and stated that the features of a ‘common law trial’ include a closed material procedure involving a departure from the principle of open and natural justice.
What was ‘Begum v Home Secretary 2021’?
- Shamima Begum left the UK age 15, and went to Syria and aligned with a terrorist group.
- She appealed against an Order of the Court of Appeal stating she should be given leave to enter the UK, as it is against her rights to be stateless.
- The Supreme Court was in favour of the Home Secretary, stating they acted within the given powers of Parliament.
What was ‘R v Jogel 2016’?
- The Supreme Court overturned the principle of ‘joint enterprise’, and stated there had to be an ‘intent to kill’ for members of the group to be held guilty.
- This case is an example of advancing common law.
What was ‘R v Secretary of State for Transport 1990’.
- The gov passed ‘The Merchant Fishing Act 1988’ to stop Spanish fishermen increasing their intake on fish.
- This Act undermined the common fisheries policies of EU law.
- The British had to pay £100mil to Spanish fishermen companies.
Also known as the Factortame case
What was ‘R v Secretary of State for Business Innovations and skills 2015’?
- A woman who was from Zambia could not apply for a student loan.
- This negatively impacted her right to education (Article 2) and her right to be free from discrimination (Article 14) of HRA.
This is an example of a Declaration of Incompatibility.
What court case recognised the supremacy of European law over domestic law?
R v Secretary of State for Transport 1990, also known as ‘Factortame case 1991’
What was Steinfeld and Keiden v Secretary of State for International Development (2018)?
- Under the Civil Partnership Act 2004, only 2 people of the same sex were permitted to enter into a civil partnership.
- The Marriage Act (2013) was introduced but the CPA was never repealed.
- SC ruled the CPA was incomparable with the ECHR.
- Law wasn’t changed by the gov until Dec 2020- limitation of judicial review
