The Evolutuon Of The UK SC + The Overall Impact Of The SC Court

Question 1

What marked a significant watershed in the evolution of the SC

Answer 1

-willingness of SC step in + hear cases arising from Johnson’s decision prorogue parl 2019 + ruling the court handed down in this case being unlawful, void + of no effect

Question 2

What were the intentions for the court when it was created

Answer 2

-SC creates under CRA
-intended enhance separation of powers
-but always suspicion things might take in a life of their own regarding the court

Question 3

How is the SC power limited

Answer 3

-cannot ‘strike down’ acts of parl or force the executive to give way like the US SC can

Question 4

What are the 3 key areas the power of the UK SC is limited to

Answer 4

-revisiting + reviewing earlier legal precedent est under common law + case law
-making ultra vires rulings where the court judges that public bodies have acted beyond statutory authority
-issuing ‘declarations of incompatibility’ under HRA 1998

Question 5

What is a key case from the SC in 2011

Answer 5

-Al Rawi v the security service with focus on secret hearings
-outlawed use of secret evidence in court by the intelligence service

Question 6

What is a key SC case from 2013

Answer 6

-Prest v Petrodel resources Ltd with focus in company law + divorce law
-rules company assets should normally be seen as separate from individual assets

Question 7

What is a key SC case from 2014

Answer 7

-R (Nicklonson) v Ministry of justice over right to die
-rules article 8 of ECHR could not be used to justify assisted suicide over suicide act 1961

Question 8

What is a significant SC case from 2020

Answer 8

-Sutherland v Her majesty’s advocate (scotland) over limitations on the right to privacy
-Sutherland convicted attempting communicate indecently with 13yr old - SC rejected Sutherland’s appeal that using covertly obtained evidence against him breached article 8 ECHR right to private life