Separation of powers Flashcards
Example of judges creating law
R v R 1992 (rape in marriage)
R v R 1992
Example of judges creating the law
Rape in marriage
Chester v Bateson 1920
Courts have a control over delegated legislation
Courts have a control over delegated legislation
Chester v Bateson 1920
Act that limits the number of gvt ministers to 95 MPs
House of Commons Disqualification Act 1975
Marbury v Madison 1803
US Supreme Court declared the power to declare an Act of Congress to be unconstitutional where it was repugnant to the written constitution
ex parte Venables and Thompson (1997)
Home Secretary irrelevantly considered public opinion due to public pressure when exercising his sentencing power
Home Secretary irrelevantly considered public opinion due to public pressure when exercising his sentencing power
Ex parte Venables and Thompson (1997)
Courts cannot declare a statute invalid
British Railways Board v Pickin (1974)
and
Cheney v Conn (1968): “– it is not for the court to say that a parliamentary enactment, the highest law in this country is illegal.”
British Railways Board v Pickin (1974)
and
Cheney v Conn (1968)
Courts cannot declare a statute invalid
Courts cannot challenge an Act of Parliament
R v Jordan (1967)
R v Jordan (1967)
Courts cannot challenge an Act of Parliament
R (Evans) v Attorney General (2015)
Member of the government can set aside a decision of the Upper Tribunal which is a judicial body
Courts cannot declare a statute invalid
British Railways Board v Pickin (1974)
and
Cheney v Conn (1968): “– it is not for the court to say that a parliamentary enactment, the highest law in this country is illegal.”
British Railways Board v Pickin (1974)
and
Cheney v Conn (1968)
Courts cannot declare a statute invalid
