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Option: The British Judiciary

Landmark rulings against the Executive

  • 3 things to know
  • AS Unit 2

Overview

Ouster clause and constitutional significance of the Factortame litigation.

What you need to know

Answer each one before you reveal it.

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Key term

What did the courts establish in the 1985 case about trade union membership at the government communications headquarters?

Numbers

What did the 1993 case brought on behalf of a deported asylum seeker establish about ministers and the courts?

Key term

What is an ouster clause, and how have the courts responded to one?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What did the courts establish in the 1985 case about trade union membership at the government communications headquarters?

    Model answer

    The House of Lords held that the exercise of prerogative powers is in principle open to judicial review, so a decision does not escape the courts merely because its source is the prerogative rather than a statute.

  2. 2

    What did the 1993 case brought on behalf of a deported asylum seeker establish about ministers and the courts?

    Model answer

    The House of Lords held in 1993 that a minister could be found in contempt of court for disobeying a court order, confirming that ministers are not above the law and cannot ignore judicial orders in their official capacity.

  3. 3

    What was decided in the first Miller case of 2017?

    Model answer

    The Supreme Court held in 2017 that the government could not give notice of withdrawal from the European Union using prerogative power alone, because doing so would remove rights created by an Act of Parliament, so an Act was required.

  4. 4

    What did the Supreme Court decide about prorogation in 2019?

    Model answer

    The Supreme Court held unanimously in 2019 that advice to prorogue Parliament is unlawful if it frustrates Parliament's ability to carry out its constitutional functions without reasonable justification, and ruled that the prorogation in question was void and of no effect.

  5. 5

    Why was the 2019 prorogation judgment constitutionally significant?

    Model answer

    The judgment established that the courts will police the boundaries of a prerogative power previously assumed to be a matter of political judgement alone, and it did so to protect Parliament's ability to hold the Executive to account.

  6. 6

    What did the Supreme Court decide in the 2015 case about a ministerial veto on disclosure?

    Model answer

    The Supreme Court held that a minister could not use a statutory veto to override a tribunal's reasoned decision to disclose correspondence simply because the minister disagreed with it, since that would allow the Executive to set aside a judicial ruling.

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The Northern Ireland Assembly
The Northern Ireland Executive Committee
The Northern Ireland Political Parties
The UK Parliament

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Assent was last in 1708.
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AFianna Fáil had always refused to share power.
BThe 1989 agreement ended that position.
CCoalition then became available to every party in the system.

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OFMDFM was the name used until 2016.
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