Influence of the Supreme Court Flashcards
(11 cards)
What does Ultra Vires mean?
Literally ‘beyond the powers’. An action taken without legal authority when it requires it.
This term is often used in legal contexts to describe actions that exceed the power granted by law.
Define Judicial Review.
The power of the judiciary to review, and sometimes reverse, actions by other branches of government that breach the law or are incompatible with the Human Rights Act.
It serves as a check on the powers of other branches of government.
What is one of the most important roles of the Supreme Court?
To interpret the 1998 Human Rights Act.
This includes issuing declarations of incompatibility when UK legislation conflicts with the European Convention on Human Rights.
What can the Supreme Court issue if it finds UK legislation in conflict with the ECHR?
A declaration of incompatibility.
This declaration signals to Parliament that the law needs to be modified to comply with the Convention.
Can the Supreme Court strike down laws like the US Supreme Court?
No, the Supreme Court does not have that power as Parliament is sovereign.
The UK Supreme Court’s power is limited compared to that of its US counterpart.
What is the power of judicial review limited to?
Examining whether ministers have followed correct procedures in implementing legislation.
It focuses on the legality of the process rather than the correctness of the decision itself.
What is judicial review concerned with?
The lawfulness of a decision or action made by a public body.
It challenges how a decision was made, not necessarily the outcome.
What does the court not do in a judicial review?
Substitute what it thinks is the ‘correct’ decision.
The focus is on whether the right procedures were followed.
What was the outcome of the Treasury vs Mohammed Jabar Ahed case?
The Supreme Court determined the government’s orders were ultra vires.
This case involved the Treasury freezing accounts of individuals considered terrorists.
What did the Treasury attempt to do in the case against the Supreme Court’s ruling?
The Treasury attempted to challenge the court’s order but was denied.
This highlights the tension between government actions and judicial oversight.
True or False: Judicial reviews are concerned with the rights and wrongs of the conclusions reached by public bodies.
False.
Judicial reviews assess the legality of the decision-making process rather than the decision itself.
