Judiciary Flashcards
When was the Gina Miller case
October 2016
Who was the secretary of state for exiting the European union (in Gina Miller case
David Davis
What did Gina Miller request a judicial review for
Judicial review for whether David Davis had the prerogative power to trigger article 50 of the EU which starts the process of UKs departure
What was Gina Millers argument
She argued that
Parliament is sovereign
Stands above claimed prerogative power to bring the UK out of the EU
What was Gina Millers argument
She argued that
Parliament is sovereign
Stands above claimed prerogative power to bring the UK out of the EU
What was Gina Millers argument
She argued that
Parliament is sovereign
Stands above claimed prerogative power to bring the UK out of the EU
What did the high court rule in the Gina Miller case
Ruled that the government did not have the necessary prerogative power
-sovereignty of parliament had to be exercised
-because leaving Eu affects citizens rights
When was the high courts decision for the Gina Miller case confirmed in the supreme court
January 2017
What does the Gina Miller case show about the rule of law
Rule of law is superior to political considerations
What does the Gina Miller case show about the role of the judiciary
It is for the Judiciary to determine the limits of the governments prerogative powers
What is it called when a someone or the government has exceeded their statutory powers
Ultra vires
means beyond the powers in Latin
