Seperation of Powers

Question 0

Fire Brigades Union (1995)

Answer 0

Under the Criminal Justice Act 1988 a statutory scheme was introduced to compensate the victims of crime, pending commencement by the Sec of state, however the sec of state decided to introduce a new scheme under prerogative powers, held: the sec of state had been given the power to decide when to introduce the new scheme, not the power to decide if the scheme should be introduced.

Question 1

M v Home Office (1994)

Answer 1

M was refused asylum and challenged it in court by way of an emergency appeal to the High Court. The judge decided a full trial was needed and issued an injunction to the Home Office telling them not to deport M until the trial. The Court Proceedings Act prevented injunctions against ministers of the crown so they went ahead with deportation. In M’s absence it was decided that the courts should be able to prevent ministers of the crown from acting.

Question 2

A and Others v Home Office (Belmarsh Detainees) (2004)

Answer 2

In the wake of 9/11 the UK passed a law allowing them to hold any foreign national suspected of terrorism indefinitely without charge. This went against human rights but the UK passed a derogation allowing them to do this in a time of war or public emergency. Held: the derogation was lawful but detention without trial was not proportionate and it was wrong to discriminate against foreign nationals, a declaration of incompatibility was made.