Key case studies

• Reilly v Secretary of State (DWP) summary -

  • Reilly argued that the DWP had infringed on the protection against slavery provided in Article 4 of the ECHR
  • DWP required her to work for a private company in order to receive her benefit payment
  • Supreme Court ruled that although the DWP had not established slavery it was still unlawful - ULTRA VIRES
  • Retroactive legislation passed with the Jobseekers act
• R Miller v the PM summary - ultra vires

  • PM asked the Queen to prorogue parliament during Brexit negotiations
  • Miller brought the case to the Supreme Court
  • Supreme court ruled - matter was justiciable as prorogation is subject to legal limits and the prorogation was NULL AND VOID
• Hurst V the UK - prisoner voting rights

  • convicted prisoner serving life for manslaughter challenged the blanket ban on prisoners voting in UK elections
  • violated Article 3 of the ECHR which guarantees the right to free elections
  • ECHR ruled in favour of Hirst - Blanket ban was disproportionate and in violation of ECHR
• Chester v Secretary of State for Justice - prisoner voting rights

  • AFTER HIRST
  • pressure to comply with the ECtHRs ruling but gov was reluctant
  • Chester argued the continued refusal of prisoner votes was unlawful
  • Supreme Court acknowledged the binding nature of the ECtHRs ruling but upheld gov position and its within its rights to maintain the current ban