Supreme Court Evidene Flashcards
A case where the gov acted ‘ultra vires’
2019 Prorogation of Parliament Case
Lady Hale comment
Former President of the Supreme Court Lady Hale argued in 2019 that it is important the public can look at the judiciary and see them as their judges, rather than ‘beings from another planet’
The court only having one female member was significant in
The fact the court only had one female member was significant in the case of ‘Radmacher v Granatino’ (2010)
It was a case involving prenuptial agreement between marriage partners, in which a majority of the justices upheld the principle that claims made in the event of a divorce should be limited.
SC judicial neutrality questioned in relation to Brexit
The neutrality of key courts, including the SC, has been questioned in relation to important court cases that relate to Brexit. After the high court ruled in November 2016 that the consent of Parliament was needed to trigger Article 50, which officially started the process of Brexit.
After the SC ruled in 2019 that Boris Johnson’s Prorogation of Parliament was unlawful, various right wing commentators are Johnson allies described the SC judges as ‘arch-remainers’.
Gina Miller v Sec of State
2017
Extent of prerogative powers
D o L
2016
The right to vote
Whether UK citizens who had lived abroad for over 15 years should be able to vote in the 2016 EU referendum.
The Illegal Migration Bill
The Illegal Migration Bill was introduced by Home Secretary Suella Braverman on 7th of March 2023 with a section 19 note stating that there was a likelihood the provisions of the bill would be incompatible with the Human Rights Act and international law, but that the government wanted to proceed with it nonetheless.
A v Secretary of State for the Home Department
Part of the Anti-terrorism, Crime and Security Act 2001 was declared incompatible with Articles 5 and 14 of the human rights act by permitting the detention of suspected international terrorists in a way that discriminated on the grounds of nationality of immigration status. The prevention of Terrorism Act 2005 was amended by parliament as a result.
R v Secretary of State for International Development in 2018
The Civil Partnership Act 2004 was declared incompatible with articles 14 and 8 of the Human Rights Act as they precluded different sex couples from entering civil partnerships. The legislation was then amended in 2019 in the Civil Partnership, Marriages and Deaths Act.
What % of judicial review cases against the government win?
Majority of judicial review cases are in relation to local authorities, rather than government ministers, whilst only 10% against the government manage to win.
Miller v the Prime Minister
The 2019 Prorogation Case
On August 2019, Boris Johnson prorogued (temporarily suspended) parliament. Critics argued the Prorogation was intended to avoid parliamentary scrutiny of the government’s Brexit plans and to make it harder for parliament to block a no-deal Brexit.
The SC unanimously ruled that the Prorogation was unlawful, reversing the Prorogation and reinstating parliament.
SC was able to check the power of the gov and uphold parliamentary sovereignty and the power of parliament to scrutinise the government.
Miller v Secretary of State for Exiting the EU
- Miller argued that the government couldn’t give notice of Britain’s intention to leave the EU under Article 50 without parliament giving its approval.
- By an 8-3 majority, the court decided against the government, arguing the process of leaving the EU would involve the removal of rights conferred by Parliament and that parliament should therefore have to give its consent.
SC ability to check power of the executive and uphold parliamentary sovereignty.
The 2022 Second Referendum On Scottish Independence Case
- uncodified nature of the UK constitution led to it not being clear who can legislate for an independence referendum in Scotland.
In November 2022, the UK Supreme Court ruled that the Scotland Act 1998 doesn’t give the Scottish Parliament the power to unilaterally legislate for an independence referendum.
Shows the power of the UK Supreme Court to clarify the powers of different parts of the UK political system, particularly devolved bodies. Shows how the SC can uphold the power of the UK parl and UK gov against devolved bodies.
The 2015 ‘Black Spider Memos’ Case
In 2015, journalist Rob Evan’s argued that the government has to release the letters and memos sent by then Prince Charles to government ministers, because they were obliged to under the FOI Act.
The government resisted releasing them and argued they were sensitive and private documents.
The SC ruled by a majority of 5-2 in favour of Evans.
