Chapter 9 - The Power of the UK Judiciary Flashcards Preview

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Flashcards in Chapter 9 - The Power of the UK Judiciary Deck (4)
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1
Q

Define Ultra Vires

A

From the Latin, meaning beyond authority (whether a minister or government official has acted beyond the authority granted to them

2
Q

Which act incorporated the treaty of Rome and meant that the EU’s laws take precedence over conflicting UK statutes?

A

European Communities Act 1972

3
Q

What was the Factortame case? When was it?

A

1990, Spanish fishing boats caused controversy, and challenged the legality of the Merchant Shipping Act 1988 under European Law

4
Q

Under the HRA, what was incorporated concerning the judiciary?

A

Conflicts over rights with statutes could be reviewed in UK courts, and the courts can issue a declaration of incompatibility (but UK gov isn’t obliged to do anything about it)

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