EXTRA-Judicial Review Flashcards

1
Q

What is judicial review?

A

this is the process that enables judges to override decisions and laws of democratically elected governments

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2
Q

What 3 main areas does judicial review cover?

A

1) rulings on whether specific laws are constitutional
2) resolving conflicts between the state and the citizen over civil liberties
3) resolving conflicts between institutions or levels of government

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3
Q

What country do judges have strong powers of judicial review?

A

the US

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4
Q

What doe judicial review allow British courts to do?

A

It enables the courts to monitor the way in which public officials carry out their duties

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5
Q

When did increased relevance of review become apparent?

A

when in 1987 government lawyers produced a document for Civil Servants which showed them how to avoid the pitfalls

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6
Q

Between 1981-19996 what did the number of applications for judicial review increase to?

A

from 500 to over 4,000

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7
Q

Which Home Secretary made several important decisions which were considered unlawful by senior judges?

A

Michael Howard

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8
Q

Why did ministers become overly critical of judges and complain about judicial activism?

A

this is because of the increase use of judicial review

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9
Q

Between what years did judicial review increase from 500 to 4,000?

A

1981-1996

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10
Q

Who joined in on the ‘judge bashing’ complaining of the ‘galloping arrogance’ of the judiciary?

A

the tabloid press

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11
Q

What has judicial review against ministers usually concerned?

A
  • asylum seekers

- immigration

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12
Q

What did ex-minister Paul Boateng point out?

A

that the judges job is to judge, the governments job is to govern

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13
Q

Who said that the judges job is to judge, the governments job is to govern?

A

ex minister Paul Boateng point out

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14
Q

What did Home Secretary David Blunkett accuse judges of?

A

routinely rewriting the laws that parliament had passed

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15
Q

Why did Home Secretary David Blunkett accuse judges of routinely rewriting the laws that parliament had passed following?

A

After a judge found that the Nationality, Immigration and Asylum Act 2002 was in breach of the Human Rights Act 1998

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16
Q

What did judges over the review of the Anti-terrorism Crime and Security Act 2001?

A

that the detention of foreign terror suspects without trial was unlawful as they were subject to indefinite detention

17
Q

What did human rights group argue that the Anti-Terrorism Crime and Security Act 2001 was in breach of?

A

both Article 5, the right to liberty and Article 6, the right to a fair trial

18
Q

When did the HOL rule that the UK government had discriminated on racial grounds against Romas by preventing them from travelling to the UK in order to stop them fro claiming asylum?

A

2004

19
Q

What was discriminatory about the UK preventing Romas from travelling to the UK in order stop them from claiming asylum in 2004?

A

This is because statistics show that Roma were 400 time more likely to be refused than non-Roma