Supreme Court cases Flashcards
Which case showed the SC had power over parliament
R (AAA) v Secretary of State for Home department for 2023
(Rwanda case)
What was the R (AAA) v Secretary of State for Home department
This was the Rwanda case in which the Supreme Court ruled that sending immigrants to Rwanda would go against Human rights acts, Rwanda was deemed as unsafe and for that reason the UK could not send asylum seekers there
What came as a result of the R (AAA) v Secretary of State for Home Department case
The PM, Rishi Sunak, simply legislated around the issue and declared Rwanda to be a safe country which then allowed him to pass the piece of legislation that he wanted to.
Shows the PMs power over SC
Which Case shows the SC holding the executive accountable
R (Miller) v the Prime Minister (2019)
What happened in R (Miller) v Prime Minister (2019)
The SC ruled against the PM, Boris Johnson who tried to advise the Queen so that she would Prorogue parliament for five weeks into the lead-up to the Brexit deadline, this would allow him to get a hard Brexit without having to worry about any of the MPs, the Supreme Court ruled that it stopped parliament from carrying out its function
Which case shows Judicial restraint
R (Nicklinson) v Ministry of Justice (2014)
What was R (Nicklinson) v Ministry of Justice (2014)
Tony Nicklinson, who had locked-in syndrome, sought the right to die with medical assistance, arguing that the ban on assisted suicide under the Suicide act 1961 violated his right to a private life under Article 8 of ECHR, the SC ruled that this was a matter for parliament and it showed Judicial restraint in moral and ethical issues
Case showing SC control over devolution
Ruling on the Scottish independence Referendum Bill (2022)
What was ‘the Ruling on the Scottish Independence Referendum Bill (2022)’ case
The UK Supreme court addressed whether or not the Scottish parliament had the legal authority to unilaterally hold a referendum on independence without the permission from the UK parliament, the SC ruled they did not have the power as it concerned the union between Scotland and England which is reserved for the UK parliament
