supreme court Flashcards

1
Q

belmarsh case 2004 desicion

A

ruled that holding foreign terror suspects was incompatible with HRA article 14 ( protection against discrimination) as it only applied to foreign suspects

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2
Q

belmarsh case 2004 significance

A

parliament repealed part of this and replaced it with control orders in 2005 but suspects only released when legilastion passed showing court is only a moral check

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3
Q

Jabar Ahmed v treasury 2010 decision

A

freezing terrorist suspects assets was ultra vires

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4
Q

jabar ahmed v treasury significance

A

Gordon brown pushed terrorist asset freezing act through parl in 4 days

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5
Q

r v chayton 2010 decision

A

dismissed apeal of mp shoe fraudulently claimed claiming money as their calim parliamentary protection applied was rejected because just because something occured in parliament it doesnt make it a proceeding

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6
Q

r v chayton significance

A

clarified how far parliamentary protection goes and doesnt give immunity for criminal conduct

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7
Q

evans v attorney general decision 2015

A

AG didnt have the power to veto the disclosure (FOI) of King Charles letters to ministers

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8
Q

evens case 2015 significance

A

clarified that members of royal family were not immune form FOI disclosures

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9
Q

miller case 2017 decision

A

ruled that gov couldnt use royal prerogative power to negotiate treaties trigger article 50, as uk entered EEC with an act of statute an act was needed to leave

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10
Q

unison v chancellor 2017 decision

A

ruled fees order 2013 for employment tribunals were ultra vires

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11
Q

unison 2017 significqance

A

minister of justice Raab halted the fees and the department reimbursed £32 mil

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12
Q

steinfield and keidan 2018 decsion

A

only allowing civil partnerships for hetero couples 2004 was discriminatory (declaration of incompatibilty)

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13
Q

2019 miller case decision

A

johnson 3 week prorogation was unlawful as it stifled debate ultra vires

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14
Q

2019 miller case significance

A

speaker johnson immediatly recalled parliament and showed courts willingness torule against prerogative powers

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15
Q

what did the cra 2005 do with role of the lord chancellor

A

split the role into the justice sec, lord chief justice and the speaker of the lords

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16
Q

what was the role of the lord chancellor

A

presiding officer of the lords, head of the court and a role in the cabinet

17
Q

what is the significance of the cra introducing the JAC

A

removes all political interefernce by slecting the lower court judges

18
Q

how can justice be removed

A

a vote in both houses

19
Q

how are judges selected for the high court

A

special independent commison, president of the court and another justice, one JAC representative.

20
Q

what influence does the minister for justice have on appointments

A

could ask the court to reconsider and appointment or outright reject it

21
Q

What is sub judice

A

a rule that parliament cant debate on issues that are currently in front of the court

22
Q

a case which shows SCOTUKs restraint

A

2014 it refused to hear as case on assisted suicide

23
Q

what headline did the daily mail right in response to the 2019 miller case

A

called the court “enemies of the people”

24
Q

how many female justices have their been

A

3

25
Q

which justice was state educated

A

lady hale

26
Q

how much have female judges appointed by jac increased by 2018

A

13-29%

27
Q

how much has the number of bame judges increased since thr introduction of JAC

A

2-6%

28
Q

currentl all justices have attended…….

A

oxbridge

29
Q

example of how the lack of diversity in the courts has impacted cases

A

all male justices voted infavour of prenups whereas al lady hale the only woman voted against them as they are discriminatory against women

30
Q

how many cases were brought to the sc in 2013

A

over 15,000

31
Q

how has a court case limited the government

A

hs2 was provisionslly delayed due to the court being in the process of hearing a case on its environmental impact

32
Q

how many cases are there usually in a year

A

2000 a year

33
Q

how often does the courts side with the government

A

in over half of the cases