Supreme Court

Question 1

Belmarsh case - A v sec state for home department

Answer 1

Dec of incompatibility
Power over gov
Lack of power over gov
Parl sov
Protecting / not protecting rights

Significance : parl could have ignored the judgement
But they repealed part 3 of 2001 act and new system of control orders

Despite the change - remains in prison for a year after - until new legislation had been written.

HRA remains a moral rarther than legal check and parliament is sovereign
Principle of park sovereignty makes it impossible to strike down primary sovereignty

Question 2

Treasury V Mohamed jabar Ahmed and others ( 2010)

Answer 2

Ultra vires
Power over gov
Lack of p
Parl is sov
Protecting rigtt he a

Significance - terrorist asset freezing act passed - 376 - 56
‘ nodded through ‘ lords
Passed in 4 days
Judicial review but how parl ultimately remains sovereign