Supreme Court Flashcards
What did the Constitutional Reform Act 2005 designed to improve and guarantee?
The independence of the UK judiciary.
Why did the SC argued that the government didn’t follow proper procedure during Brexit ?
The SC argued that the government didn’t follow proper procedure during Brexit - as removal from the EU meant changes in the law - which the government lacks the power to do
- SC said an act of parliament needed to be passed - article 50. Additionally - led to criticisms over people arguing SC is too ‘pro-remain’. However in the end parliament quickly passed the law.
What did the The Judicial Review Act 2022 makes it harder for people to do?
Challenge the Government in court. It ends so-called ‘cart’ judicial review to ‘minimise delays’ in immigration, asylum and other cases that have already been refused permission to appeal by judges; an immigration tribunal can no longer seek a judicial review if it rejects an asylum application.
2016 Miller Case
Gina Miller on Article 50 for leaving the EU, reinforced parliamentary sovereignty through unanimous agreement that parliament consent was needed to leave the EU. Led to questions about judicial bias
2019 Miller Case
unlawful proroguing of parliament by Johnson blocked by the SC, confirming again Parliamentary sovereignty