judiciary not so powerful

Cards (11)

  • HRA - powers are related to the HRA which can be repealed easily as it is not entrenched
  • HRA - Dominic Raab attempted to repeal in 2022
  • HRA - Johnson government has spoken about repealing HRA
  • HRA - 2015 Conservative party manifesto commitment to replace the HRA with a British Bill of Rights which means the terms and conditions could be amended by a simple vote in Parliament
  • Parliament circumvention - 2004 Belmarsh case, government accepted the ruling but soon after introduced legislation to monitor the whereabouts of foreign terrorist suspects
  • Parliament circumvention - 2010 SC ruled the government did not have the power to freeze the bank assets of terrorist suspects. Brown accepted the judgement but passed a new statute the same year (Terrorist Asset-Freezing Act) which granted the power and the will of Parliament succeeded
  • Judges cannot enforce law, only recommend change which is not legally binding
  • Parliament is sovereign! Can reverse decisions
  • Judges take the view of Parliament when creating the law, bound by Parliamentary laws
  • Can only interpret the laws on cases brought to it
  • Ruling restricted to legal and constitutional issues