The Judiciary Flashcards
(20 cards)
What are the Miller Cases?
*R Miller v Secretary of State for Exiting the European Union (2017)
*R Miller v the Prime Minister (2019)
What was the result of the Miller case against the Secretary of State for Exiting the European Union?
The Supreme Court ruled that the government could not trigger Article 50 without Parliament’s approval.
What was the result of the Miller case against the Prime Minister?
The Supreme Court ruled that Boris Johnson had acted unlawfully in asking the Queen to prorogue parliament, and it was no longer prorogued.
What does Judicial independence do?
Allows the court to challenge the government freely, essential to the rule of law.
How can Judicial independence be limited?
The check on the executive can be limited as the government is not bound to abide by its rulings.
Politicisation has threatened judicial neutrality since Brexit.
How is the power of Judicial review used?
the court can consider the unlawfulness of government action, and declare it ultra vires.
What can threaten judicial review?
If the government has a working majority in Parliament it can pass retrospective legislation to make an unlawful action lawful.
What is an example to the threat of judicial review?
Reilly v Secretary of State for Work and Pensions (2013)
What happened during Reilly v Secretary of State for Work and Pensions?
Supreme Court ruled that the government acted ultra vires, but the government passed retrospective legislation in 2013 to avoid compensation.
Define Separation of Powers.
the judiciary is separate from the government and Parliament, allowing it to make independent judgements.
Define Judicial independence.
the judiciary is independent from the government and free to make its own decision.
Define Rule of Law.
the law is applied and enforced equally on everyone, including the government.
Define Judicial neutrality.
judges consider cases fairly and are not influenced by personal or political opinions.
Define Judicial review.
judges review a government decision, to decide if it is lawful.
Define ultra vires
a Latin phrase meaning ‘beyond one’s powers’: a minister or government department has exceeded its legal authority.
Define Parliamentary sovereignty.
Parliament is the ultimate source of authority in the UK.
What are 2 landmark judicial review cases?
*R(Unison) v Lord Chancellor (2017)
*RR(Appellant v Secretary of State for Work and Pensions (2019)
What was the result of R(Unison) v Lord Chancellor (2017)?
Employment tribunal fees were unlawful because they prevented fair access to justice.
The government was forced to stop charging workers up to £1,200. The policy had caused 70% drop in claims.
What was the result of RR(Appellant v Secretary of State for Work and Pensions (2019)?
Applying a housing benefit reduction to the partners of severely disabled people with a spare room breached their right to a home under the HRA.
What was the change in judicial review cases between 2000 and 2013.
4,200 to 15,600
