supreme court Flashcards
belmarsh case 2004 desicion
ruled that holding foreign terror suspects was incompatible with HRA article 14 ( protection against discrimination) as it only applied to foreign suspects
belmarsh case 2004 significance
parliament repealed part of this and replaced it with control orders in 2005 but suspects only released when legilastion passed showing court is only a moral check
Jabar Ahmed v treasury 2010 decision
freezing terrorist suspects assets was ultra vires
jabar ahmed v treasury significance
Gordon brown pushed terrorist asset freezing act through parl in 4 days
r v chayton 2010 decision
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
r v chayton significance
clarified how far parliamentary protection goes and doesnt give immunity for criminal conduct
evans v attorney general decision 2015
AG didnt have the power to veto the disclosure (FOI) of King Charles letters to ministers
evens case 2015 significance
clarified that members of royal family were not immune form FOI disclosures
miller case 2017 decision
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
unison v chancellor 2017 decision
ruled fees order 2013 for employment tribunals were ultra vires
unison 2017 significqance
minister of justice Raab halted the fees and the department reimbursed £32 mil
steinfield and keidan 2018 decsion
only allowing civil partnerships for hetero couples 2004 was discriminatory (declaration of incompatibilty)
2019 miller case decision
johnson 3 week prorogation was unlawful as it stifled debate ultra vires
2019 miller case significance
speaker johnson immediatly recalled parliament and showed courts willingness torule against prerogative powers
what did the cra 2005 do with role of the lord chancellor
split the role into the justice sec, lord chief justice and the speaker of the lords