Supreme Court Flashcards
Belmarsh Case background
indefinite detention without trial of foreign suspects of terrorism, people detained at Belmarsh prison.
Belmarsh Declaration of incompatibility
Right to liberty and protection against discrimination of the HRA, as it only applied to foreign nationals and held indefinitely without charge
Belmarsh power over gov
gov repealed act due to SC recommendation
Belmarsh not protecting rights
Suspected terrorists had to remain in prison untill new leg was made
Belmarsh lack of power over gov
Didn’t pass law until 1 year later, detainees stayed in prison, lack of enforcement
Belmarsh Parl retains sovereignty
could have ignored, DOI only recommendation
Belmarsh protecting rights
Rights of foreign nationals and protection from discrimination
Treasury V Ahmed Background
3 brothers suspected to have links to terrorist organisations. HM treasury had reasonable grounds to suspect. Subject to an “asset freeze”.
Treasury V Ahmed Ultra vires
Freezing assets goes beyond powers given in statute
Treasury V Ahmed Power of gov
Immediate suspension, his actions were overturned
Treasury V Ahmed Lack of power over gov
Gov passed new legislation to allow powers in 4 days
Treasury V Ahmed Parl retains sovereignty
Passed new legislation fast in parliament (nodded through) with a significant majority
Treasury V Ahmed protecting rights
Judicial review Supreme court protecting individual rights
Treasury V Ahmed not protecting rights
Suspected terrorists could have their assets frozen without a trial
Miller V Sec of state for exiting the eu background
May sent letter to formally state that Britain was leaving, gov planned to trigger A50 without parl consent, mandate came from referendum. Although to trigger A50 they would have to make legislation just like when we joined the EU in 1972.
Miller V Sec of state for exiting the eu Ultra vires
Not official as she did not send the letter. Tried to go beyond royal prerogative and trigger A50 without parl consent
Miller V Sec of state for exiting the eu Power over gov
Gov had to make new legislation in order to leave. EU withdrawal act 2018
Miller V Sec of state for exiting the eu Parl retains sovereignty
Treaties signed by parliament must be amended in the same way, in which parliament did
Unison V Lord Chancellor Background
Gov brought in Fees Order 2013. Cost of employment tribunals to the person bringing the claim to court. Up to £1600, decline of 79% over 3 years
Unison V Lord Chancellor Ultra Vires
Unlawful for the lord chancellor under statute law because it prevented access to justice under the rule of law
Unison V Lord Chancellor Power over gov
Would stop taking fees immediately and would voluntarily reimburse claimants
Unison V Lord Chancellor protecting rights
Protects access to justice and rule of law against people in lower paid jobs
Unison V Lord Chancellor Synoptic links
1) Judical review - power of exec
2) Methods of effectiveness of pressure g
3) Pressure g fighting for rights
Steinfield and Keiden Background
2004 Civil partnership act for same sex couples. Adultery was grounds for divorce in marriage but not civil partnership. Argued law was discriminatory. Then 2013 same sex marriage was legalised, no equal rights.
Steinfield and Keiden Ultra vires
Other courts acted in UV by rejecting the case
Steinfield and Keiden DOI
incompatible with ECHR and HRA as there was an imbalance in rights.
Steinfield and Keiden Pressure on gov
Amended act to give the same rights
Steinfield and Keiden parl retains sovereignty
Parl had to have a vote on it
Steinfield and Keiden Protecting rights
Was discriminatory and went against ECHR and HRA
Lee V Asher’s background
Lee wanted a cake that said support gay marriage made by the bakery owned by christians. he had been there before. The owners said no due to their religious beliefs. Lee took the case to court and claimed he suffered discrimination
Lee v asher’s Protecting rights
protects rights of bakery from freedom of political beliefs and freedom of religion
Lee v asher’s not protecting rights
SC only holding rights of 1 party, stating lee did not suffer discrimination for his sexual orientation
Miller V PM background
Gov said prorogation was necessary as parl had sat for 341 days. Length of proposed prorog was 3 weeks instead of a single week. Suspected gov wanted to stop Mps debating Brexit and put pressure on gov to accept deal before 31st oct, leaving them 10 days to debate
Sec of state for bussiness and trade V mercer background
Workers are protected from dismissal for going on strike. Mercer was suspended from the charity she worked for striking. Unison took her case to SC
Sec of state for bussiness and trade V mercer DOI
Breach of ECHR as suspension was unlawful.
Sec of state for bussiness and trade V mercer power over gov
Can pressure the government, referenced right to strike 18 times in judgement.
Sec of state for bussiness and trade V mercer Parl remains sovereign
Cannot force gov or limit the gov to change the law
Sec of state for bussiness and trade V mercer protecting rights
Protects workers right to strike, referenced right to strike 18 times in judgment. Judicial activism
RR V Sec of state for work and pensions background
Bedroom tax to the partners of severely disabled breached HRA as their equipment often required an extra room
RR V Sec of state for work and pensions protection of rights
Protection of disabled people
Indy Ref 2 background
SNP leader surgeon didn’t have the power to hold a second indep ref as the issue was reserved to westminster. Uk gov had not consented
Indy ref 2 parl sov
issue was reserved to westminster to make the decisions for the devolved region
Rwanda background
Send illegal immigrants to Rwanda and have their claims decided there. Court found that there were substantial grounds that they would face risk of ill treatment.
Rwanda Limit DOI
Recoupment is prohibited by numerous international law instruments. SC points out the case breached HRA AND ECHR
Rwanda limit power of gov
Had to stop plans. Had to make new leg to deem Rwanda a safe country
Rwanda Parl sov
New legislation allowed bill to pass
