UK GOV - SCOTUK Flashcards
when was the SCOTUK established
after the 2005 CONSTITUTIONAL REFORM ACT
where did the supreme court used to be
situated in the lords (“law lords”)
being situated within the legislature meant that the judiciary was what
fused within the legislature
how many chief justices make up the SC
12 chief justices
how many of the 12 chief justices are men
10 men
what is the age cap for someone who is a chief justice
Age 75 (retirement age)
for how many years must a chief justice have worked in the judicial high office to be elected
at least 2 years
how many years as a barrister/ solicitor must a chief justice have worked as to be elected
atleast 15 years
who is the current lord chief justice
Lord Reed
what is the main role of the supreme court
determine whether the law is being applied correctly
which term refers to when a minister or public body has EXCEEDED THEIR POWERS or WITHOUT LEGAL AUTHORITY
Ultra Vires
which other body has the ability to determine whether a minister/public body has acted in ultra vires
NONE- only the SC has this power
what term refers to a ruling made by the SC when a law has been shown to be INCOMPATIBLE with the HRA
Declaration of Incompatibility
if a court rules a declaration of compatibility what further action may they take
may recommend parl changes the law
despite ruling something to be incompatible, what power does the SC not have
Power to Enforce
even though the SC doesn’t have the power of enforcement what do most DOI’s lead to
the law being changed
if the Govt/Parl choose not to abide by the SC’s recommendation,what would not taking said recommendation into account be doing
breaking international agreements(ECHR)
the fact that most DOI’s lead to significant changes in the law suggests that what
DOI’s hold some significance
previously, if someone wanted to challenge a body for infringing their rights, where would they take their case to
the European Court of Human Rights (Strasbourg)
why did many people choose not to go to the ECtHR even though their rights were clearly being infringed
very expensive
the fact that protecting people’s rights was expensive and thus inaccessible led to accusation of what in the uk
accused of weak Rights protections
under which government was the ECHR enshrined into UK law
1998 labour government
after the enshrinement of the ECHR in 1998, where could people now go to to protect their rights
British courts ( as opposed to the ECtHR)
what was also included within the HRA surrounding future statute laws
all future statutes must be compatible with the HRA
what are the two ways the SC uses its power of Judicial Review
DOI’s and Actions of Public Authority
Actions of public authority state that it is unlawful for a public body to do what
act incompatibly with a convention right
if an Action of Public authority is declared and the action is unlawful, what powers does the court have
they can Cancel, Reverse and Compensate
what cases are actions of public authority usually used for
Immigration and Deportation cases
how did the Belmarsh case(2004) show that the SC is effective at protecting rights
caused the law to be changed through ruling a DOI
in the Belmarsh cases, a part of the 2001 Anti-Terrorism, crime and security Act was repealed and replaced with what
The prevention of Terrorism Act 2005 (Control Orders)
how does the Belmarsh case show a lack of power of the SC over the UK govt
Change to the law came 1 Year after the courts ruling
in the Belmarsh case, how did it show the Parliament to retain Sovereignty
Prisoners kept in the same conditions until Parl changed the Law
what was the ruling in the Treasury v M. Ahmed 2010 case
Treasury had acted UV - should be overturned
what was the Treasury v Ahmed case an issue of law about
whether the freezing the assets of a suspected terrorist was UV
how did the Treasury V ahmed (2010) case show a lack of power over the Govt
New Leg was made 4 days later, giving them the legal power to enact the Freeze
how did the Treasury v ahmed (2010) case show parliament retaining sovereignty
the passing of new legislation meant the Freeze became lawful
what Act was passed 4 days after the SC’s ruling in the treasury v Ahmed (2010) case
the Terrorist Asset Freezing Act
when was the Steinfield and Keiden Case
in 2018
the Same-Sex Marriage Act was passed in 2013 and meant that Homosexual couples could enter both a marriage AND a civil Partnership. why was this an issue for Hererosexual couples?
They could only legally enter a marriage but not a CP.
the issue of law in the Steinfield and Keiden case was whether the preclusion of heterosexual couples from entering a civil partnership was what
Discriminatory and Incompatible with the HRA.
which 2 courts rejected Steinfield and Keiden’s case
the High Court and the Court of Appeal
what was the SCs ruling in the Steinfield and Keiden case
Unanimously ruled that the current procedures were UV.
what did the SC decide in relation to the Steinfield and Keiden case
Parts of the CPA were incompatible w/ Article 8 of the HRA
what was the significance of the Steinfield and Keiden case
Govt amended the CPA - The DOI ruling pressured the Govt into doing so.
Name 3 Cases that included a DOI ruling.
Steinfield and Keiden, Belmarsh & Mercer/UNISON.
Name 3 cases that included an Ultra Vires ruling
Miller vs PM(2019) , Ahmed v Treasury & Miller 2017 (Article 50)
Name 3 cases that showed the Supreme Court to have Power over the Government
Belmarsh, Ahmed v Treasury & Steinfield and Keiden
Name 3 cases that showed the Supreme Court to have a lack of power over the Government
Belmarsh, Ahmed v Treasury & Mercer/UNISON
