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politics > Supreme Court > Flashcards

Supreme Court Flashcards

1
Q

Belmarsh Case background

A

indefinite detention without trial of foreign suspects of terrorism, people detained at Belmarsh prison.

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2
Q

Belmarsh Declaration of incompatibility

A

Right to liberty and protection against discrimination of the HRA, as it only applied to foreign nationals and held indefinitely without charge

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3
Q

Belmarsh power over gov

A

gov repealed act due to SC recommendation

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4
Q

Belmarsh not protecting rights

A

Suspected terrorists had to remain in prison untill new leg was made

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5
Q

Belmarsh lack of power over gov

A

Didn’t pass law until 1 year later, detainees stayed in prison, lack of enforcement

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6
Q

Belmarsh Parl retains sovereignty

A

could have ignored, DOI only recommendation

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7
Q

Belmarsh protecting rights

A

Rights of foreign nationals and protection from discrimination

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8
Q

Treasury V Ahmed Background

A

3 brothers suspected to have links to terrorist organisations. HM treasury had reasonable grounds to suspect. Subject to an “asset freeze”.

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9
Q

Treasury V Ahmed Ultra vires

A

Freezing assets goes beyond powers given in statute

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10
Q

Treasury V Ahmed Power of gov

A

Immediate suspension, his actions were overturned

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11
Q

Treasury V Ahmed Lack of power over gov

A

Gov passed new legislation to allow powers in 4 days

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12
Q

Treasury V Ahmed Parl retains sovereignty

A

Passed new legislation fast in parliament (nodded through) with a significant majority

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13
Q

Treasury V Ahmed protecting rights

A

Judicial review Supreme court protecting individual rights

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14
Q

Treasury V Ahmed not protecting rights

A

Suspected terrorists could have their assets frozen without a trial

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15
Q

Miller V Sec of state for exiting the eu background

A

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.

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16
Q

Miller V Sec of state for exiting the eu Ultra vires

A

Not official as she did not send the letter. Tried to go beyond royal prerogative and trigger A50 without parl consent

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17
Q

Miller V Sec of state for exiting the eu Power over gov

A

Gov had to make new legislation in order to leave. EU withdrawal act 2018

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18
Q

Miller V Sec of state for exiting the eu Parl retains sovereignty

A

Treaties signed by parliament must be amended in the same way, in which parliament did

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19
Q

Unison V Lord Chancellor Background

A

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

20
Q

Unison V Lord Chancellor Ultra Vires

A

Unlawful for the lord chancellor under statute law because it prevented access to justice under the rule of law

21
Q

Unison V Lord Chancellor Power over gov

A

Would stop taking fees immediately and would voluntarily reimburse claimants

22
Q

Unison V Lord Chancellor protecting rights

A

Protects access to justice and rule of law against people in lower paid jobs

23
Q

Unison V Lord Chancellor Synoptic links

A

1) Judical review - power of exec
2) Methods of effectiveness of pressure g
3) Pressure g fighting for rights

24
Q

Steinfield and Keiden Background

A

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.

25
Q

Steinfield and Keiden Ultra vires

A

Other courts acted in UV by rejecting the case

26
Q

Steinfield and Keiden DOI

A

incompatible with ECHR and HRA as there was an imbalance in rights.

27
Q

Steinfield and Keiden Pressure on gov

A

Amended act to give the same rights

28
Q

Steinfield and Keiden parl retains sovereignty

A

Parl had to have a vote on it

29
Q

Steinfield and Keiden Protecting rights

A

Was discriminatory and went against ECHR and HRA

30
Q

Lee V Asher’s background

A

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

31
Q

Lee v asher’s Protecting rights

A

protects rights of bakery from freedom of political beliefs and freedom of religion

32
Q

Lee v asher’s not protecting rights

A

SC only holding rights of 1 party, stating lee did not suffer discrimination for his sexual orientation

33
Q

Miller V PM background

A

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

34
Q

Sec of state for bussiness and trade V mercer background

A

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

35
Q

Sec of state for bussiness and trade V mercer DOI

A

Breach of ECHR as suspension was unlawful.

36
Q

Sec of state for bussiness and trade V mercer power over gov

A

Can pressure the government, referenced right to strike 18 times in judgement.

37
Q

Sec of state for bussiness and trade V mercer Parl remains sovereign

A

Cannot force gov or limit the gov to change the law

38
Q

Sec of state for bussiness and trade V mercer protecting rights

A

Protects workers right to strike, referenced right to strike 18 times in judgment. Judicial activism

39
Q

RR V Sec of state for work and pensions background

A

Bedroom tax to the partners of severely disabled breached HRA as their equipment often required an extra room

40
Q

RR V Sec of state for work and pensions protection of rights

A

Protection of disabled people

41
Q

Indy Ref 2 background

A

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

42
Q

Indy ref 2 parl sov

A

issue was reserved to westminster to make the decisions for the devolved region

43
Q

Rwanda background

A

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.

44
Q

Rwanda Limit DOI

A

Recoupment is prohibited by numerous international law instruments. SC points out the case breached HRA AND ECHR

45
Q

Rwanda limit power of gov

A

Had to stop plans. Had to make new leg to deem Rwanda a safe country

46
Q

Rwanda Parl sov

A

New legislation allowed bill to pass

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