CCEA A-Level Government and Politics 4830
The Northern Ireland Assembly
The Northern Ireland Executive Committee
The Northern Ireland Political Parties
The UK Parliament
The UK Executive
Option: The British JudiciaryJudiciary
Option: Pressure Groups in the UKPressure groups
USA Option: The Legislative BranchUSA
USA Option: The Executive BranchUSA
USA Option: Comparative Government and PoliticsUSA
Ireland Option: The Legislative BranchIreland
Ireland Option: The Executive BranchIreland
Ireland Option: Comparative Government and PoliticsIreland
Political Power: The Exercise of Political PowerPolitical Power
Political Power: Theories of Political PowerPolitical Power
Political Ideas: Mill, on LibertyPolitical Ideas
Political Ideas: Burke, Reflections on the Revolution in FrancePolitical Ideas
Political Ideas: Marx and Engels, the Communist ManifestoPolitical Ideas
Political Ideas: LiberalismPolitical Ideas
Political Ideas: ConservatismPolitical Ideas
Political Ideas: SocialismPolitical Ideas
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.
What did the 1993 case brought on behalf of a deported asylum seeker establish about ministers and the courts?
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
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
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
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
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
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
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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