POLI102 Lecture 4 2024 25 Flashcards
(27 cards)
What traditional assumptions are being challenged in the context of UK governance?
The balance between parliamentary sovereignty and judicial independence.
What has contributed to the growth of judicial activism in the UK?
EU membership, the Human Rights Act, and judicial reform.
What is the role of the judiciary in the UK?
Interpreting and enforcing laws.
How many different legal systems does the UK operate?
Three: England and Wales, Scotland, Northern Ireland.
What is the apex court in the UK?
The Supreme Court.
What type of constitution does the UK have?
A political constitution.
Who is responsible for holding the executive to account in the UK?
Parliament.
What is judicial independence?
Judges are immune from civil action for things said in court and have security of tenure.
What was the Commonwealth Immigrants Act of 1968 passed to do?
Restrict the ability of Kenyan Asians to settle in Britain.
Which article of the European Convention on Human Rights was breached by the Commonwealth Immigrants Act?
Three articles were breached.
What was a significant case of judicial review in 1997?
Michael Howard’s decision to extend minimum sentence was declared unlawful.
What does ‘judicial review’ refer to?
The scope of courts to review the constitutional legality of primary legislation.
What act established the supremacy of EU law over UK law?
European Communities Act, 1972.
What did the Human Rights Act, 1998 incorporate into UK law?
The European Convention on Human Rights.
What is the significance of the Human Rights Act regarding legislation?
All legislation must be compatible with the HRA.
Fill in the blank: Article 2 of the Human Rights Act guarantees the right to _______.
Life.
What is one of the key points of tension with the Human Rights Act since 9/11?
Counter-terrorism measures.
What did the Supreme Court rule regarding the Scottish Parliament’s powers in November 2023?
It does not have legal powers to unilaterally call an independence referendum.
What did the Constitutional Reform Act, 2005 change about the Lord Chancellor’s role?
Curbed powers and ceased to be a judge.
What did the Brexit referendum highlight?
Tension between parliamentary and popular sovereignty.
What was the outcome of the R (Miller) case regarding Article 50?
Parliamentary approval was needed to invoke Article 50.
True or False: The courts can strike down legislation found incompatible with the Human Rights Act.
False.
What did the 2019 Supreme Court ruling on prorogation conclude?
Prorogation was unlawful.
What was the result of the legal challenges against the government’s attempts to circumvent parliament during Brexit?
Both were blocked by legal challenges.
