SC Undermines Or Not PS? Flashcards
1
Q
Does: Judicial Review
A
declarations of incompatibility
- Anti Terrorism, Crime Security Act 2001 with Blair
ultra-vires
Ex: Gina Miller cases (too political)
2
Q
Does Not: VS Judicial Review
A
DofI and ultra-vires are not legally binding
so P is still sovereign
- Rwanda Safety Act
VS rights based democracy so should listen
+ Miller cases (upheld PS as Brexit needed Pvote like in 1992)