Influence over Executive

Cards (6)

  • Determining meaning of law
    In R v Jogee (2016) the SC overturned principle of joint enterprise (those who were part of group could be convicted same as person who did the act). SC wanted there to be 'intent to kill' for this to be the case
  • Deciding whether a public body has acted beyond its remit
    2016: SC declared Grayling (justice secretary) acted beyond his remit when he amended legal aid act to restrict civil legal aid to those who had lived continuously abroad for 12 moths - they believed it should've been debated in parliament
  • Establishing where sovereignty lies
    Gina Miller Case (2017): prevented gov from leaving the EU using the royal prerogative they claimed parliament needed to be consulted to do this
  • Declaring when the government has acted in defiance of HRA
    Belmarsh Case (2004): law lords declared Blair's Anti Terrorism Crime and Security Act (2001) was against HRA. Gov did accept this but did introduce new control orders
  • SC has influence
    - Most senior court, final court of appeal
    - Most senior judges
    - Places significant pressure on gov over HRA decisions
    - SC determines location of sovereignty, can determine when they've gone begin authority (ultra vires)
  • SC has no influence
    - Parliament is legally sovereign and SC cannot strike down any legislation
    - Can only determine which cases are brought to it, does not initiate them
    - Gov can ignore them see Rwanda bill 'unlawful'
    - Bound by what the law states
    - SC can quash bodies for going beyond remit parliament can give them legal powers they didn't previously have