sc cases Flashcards
name of article 50 and gina miller case?
R (Miller) v Secretary of State for Exiting the European Union (2017)
problem being addressed in miller v brexit case and outcome
May triggered article 50 without parliamentary vote - mandates parliamentary vote to prevent elective dictatorship
name of prorogation of parliament sc case?
R (Miller) v The Prime Minister
pre sc case - prorogation case?
High courts ruled it a political issue not a legal one - said BoJo could do whatever he wanted
sc case on miller v PM in proroguing parliament 2019
SC found it unlawful to prorogue parliament for such a long time (5 weeks) and 17 days before Brexit - BoJo listened even though he could have surpassed this ruling
2022 scottish ref case sc
Sturgeon and Scotland pushing second scottish independence referendum in 2022 but blocked by SC - political? protecting parliament sovereignty?
under legal grounds of ‘only westminster can hold a referendum’
rwanda sc case
britain - sunak and braverman - wanting to send illegal immigrants to rwanda
deemed unlawful under ECHR inshrined in constitution in 1998 by Blair
act of only legal ruling - this is about human rights
BUT - legal sovereignty of parliament to create new British Bill of Rights and get rid ECHR - legislationg around a decision
reasoning behind rwanda proposal?
‘by reducing the right of the individual - immigrants - they will increase the right of the collective - British people’ said by westminster