Supreme Court case studies Flashcards
Case of Supreme Court limiting power of devolved bodies
2016- overruled the Scottish government’s scheme to introduce the ‘named person’ service- in conflict with HRA
Supreme Court ruling against government
2010- the SC ruled in favour of the right of sex offenders to appeal against registration for life
Example of the Court ruling in the government’s favour
2014- Dismissed an appeal by campaigners against the construction of the HS2 (parliament had not yet reached a final decision on the project
Example of people accusing the Supreme Court not being politically independent
2017- Miller vs Secretary of State. Ruled in favour of Miller’s argument that Brexit needed the authority of parliament to happen.
-People claimed that justices had set themselves against the democratic will of the people
Concerns raised about Supreme Court independence
2011- in response to spending cuts, the president argued that the independence was at risk unless allocated pre-set funding.
BUT the justice secretary dismissed the argument saying that the SC was independent of political interference.
What Supreme Court ruling can be seen as perhaps not representing the whole of the UK
Radmacher vs Granatino (2010) invovled a prenuptial agreement.
Lady Hale was the only one to dissent from the verdict, with her saying that the majority of people who would lose out of this precedent would be women
Example of Supreme Court using judicial review
2019- Supreme Court ruled that Johnson’s proroguing of parliament was unlawful.
Some suggested a lack of political neutrality
Example of SC ruling something ‘ultra vires’
2012- ruled that the former Lord Chancellor, Chris Grayling acted ultra vires when he changed Legal Aid Act using secondary legislation
Example of government not listening to the SC
Voting Rights for UK prisoners -2015.
-government refused to comply
