The Importance Of Ultra Vires, Judicial Review + SC Interactions + Influence Over Policy Flashcards
What is judicial review?
-process judges review actions of public officials or bodies to determine if they have acted in a lawful manner
-e.g. Brexit under article 50 case
What is the importance of judicial review?
-lack of codified constitution means judges in SC can’t ‘strike down’ statutes made by parliament — unlike in the US to ‘strike down’ acts of congress
-but SC + other superior courts can take precedent — enables judges to clarify the meaning of the law made by parliament
What is ultra vires in the UK SC?
-‘beyond the authority/powers’
-judicial review involved little more than judges determining if public officials acted beyond authority granted to them i.e acted ultra vires
What was the miller + others v Secretary of State ultra vires case?
-was for exiting the EU + dispute over whether decision invoke article 50 was prerogative govt or whether it required parl approval
-whether it possible for govt make formal notice to leave EU
-it ended rights conferred by UK domestic law on Br citizens + set aside legislation of parl - not entitled to do
What was the outcome of the miller v Secretary of State for exiting EU case?
-SC ruled govt gone beyond their powers
-had to get approval for Brexit withdrawal bill through HOC, HOL + monarch
What is the HRA + SC?
-HRA 1998 but not in force until Oct 2000
-incorporated most of articles of ECHR 1956 into UK law
-allowed UK citizens pursue cases under ECHR directly in UK courts — cases were heard in ECHR prior to this
What happened in the tiegere v Secretary of State for business innovation + skills HRA ultra vires case?
-tiegere arrived in UK at 6 who travelled to UK on student visa + remained in UK until 2003
-was awarded ‘temp permission’ + then ‘discretionary leave’ in UK
-not eligible for student loan as in able apply for required ‘indefinite leave to remain’ until 2018
-2015 SC accepted appeal on grounds that negative impact in her rights under article 2 ECHR (right to education) + article 14 (no discrimination) not be justified
What was the outcome?
-demonstrates way senior judges been able to use provisions of ECHR to protect individuals against discrimination
What are the limitations of the Sc power under HRA?
-HRA not entrenched in written constitution so it only has same force as any other statute
-it can be amended or derogated in part or full + can also be repealed
-courts can suggest to parliament that they might reconsider an offending statute - they cannot strike statute down using HRA
