Judicial cases Flashcards
(21 cards)
Ahmed v Treasury 2010
individuals were suspected of having links to terrorism, but the Treasury imposed asset freezes without providing any specific charges or trial. Ahmed and the others challenged the legality of the asset freezes, arguing that it violated their rights to fair trial and property
Evans v Attorney general 2015
Linked to the black spider memos
Release of letters written by Prince Charles (the Prince of Wales) to various government ministers. These letters, known as the “Black Spider memos,”
Under the freedom of information act
Belmarsh case 2004
detention of 9 foreign nationals, who were suspected of being involved in terrorist activities. These individuals were being held at Belmarsh Prison without trial or charge, based on the government’s claim that they posed a threat to national security.
Detention violated their rights under the European Convention on Human Rights, particularly the right to liberty (Article 5) and the right to a fair trial (Article 6)
Lords ruled this was incompatible with the HRA
Miller v Secretary of State for Exiting the European Union
Whether govt could initiate the UK’s withdrawal from the EU by Article 50 through royal prerogative powers, or whether an Act of Parliament was required
Ruled 8–3 that the government could not use royal prerogative powers to invoke Article 50.
The court held that doing so would alter domestic law and remove rights granted by Parliament, which could only be done through legislation. Therefore, an Act of Parliament was necessary.
Begum v Home secretary
UK government revoked her citizenship due to national security concerns.
Begum appealed this decision, arguing that it was unfair, as she had been trafficked to Syria. However, the courts consistently ruled against her
Miller v Johnson 2009
national security and individual rights,
Court addressed whether certain powers used by the government were justified under the Human Rights Act
Jackson v Attorney general 2005
Addressed the legality of the Hunting Act 2004, challenging whether the Act had been properly passed by Parliament using the Parliament Acts
ruling reaffirmed the supremacy of Parliamentary Sovereignty, showing that Parliament can make laws that overrule the House of Lords.
Following the results of ahmed v treasury 2010 what legislation did the govt make
Terrorist Asset-Freezing etc. Act 2010
Rwanda asylum case 2023 (AAA v Secretary of state for the home department)
argued that sending individuals to Rwanda would violate human rights, particularly the right to asylum under international law. The claimants argued that the deportation could expose them to inhumane treatment
Court deemed rwanda unsafe
Following the results of the rwanda asylum case what legislation did the govt make
Safety of Rwanda bill
For Women Scotland v The Scottish Ministers
Supreme court sex that ruled women as only biologically females or smth
Radmar v Granatino
Involved a prenuptial agreement between marriage partners, in which the majority of the SC upheld the principle that divorce should be limited. Lady Hale was the one female justice to dissent from the majority verdict. (Lack of neutrality)
MS (Pakistan) v Secretary of State for the Home Department [2020]
Protected the rights of traficking victims under article 4
Supreme Court ruled that removing MS without a proper investigation into his trafficking claim would violate these protections.
Liberty v sosfhd
Home secretary limiting the right to protest
R v. Michaela Community Schools Trust (2024)
Court ruled that the schools ban of prayers did not violate article 9 of the ECHR
The court determined that while the student had the right to hold religious beliefs, the ban on manifesting those beliefs in the form of prayer was justified.
Smith v. Scott (2007)
Law lords found that prisoners not being allowed to vote was unfair as a DOI
Protocol 2, Article 3 (Right to participate in free elections) v Parliamentary sovereignty
However, parliament didnt feel inclined to change anything
(parliamentary sovereignty)
R (Nicklinson) v. Ministry of Justice (2014)
Guy wanted assisted death, argued that the suicide act 1961 broke article 8 of the ECHR
Courts deferred to parliament, it was a political matter
Al Rawi v. The Security Service (2011)
Ruled that closed material procedures are not permitted under common law in civil trials unless Parliament explicitly authorises them
Highlighted the separation of powers: the judiciary cannot create new legal procedures that significantly undermine established rights — that’s a role for Parliament
What is Lady Hales acid test
A person is deprived of their liberty if…
They are under continuous supervision and control
They are not free to leave, regardless if the place is in their best interest
(In the case P v. Cheshire West and Chester Council (2014))
Liberty v secretary of state (2023)
Pressure group challenged uk governments mass surveillance powers under the ‘Investigatory powers act 2016’
It allowed the govt to store peoples phone and internet state without proper safeguarding
Article 8, ECHR (Privacy)
Court ruled the law unlawfully as it lacked independent insight
