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The Protection of Human Rights

Judicial review in practice

  • 3 things to know
  • AS Unit 2

Overview

Recall questions on the landmark rulings from 1985 to 2023, how a government can respond to defeat, ouster clauses, the 2021 review, and whether review has grown too powerful.

What you need to know

Answer each one before you reveal it.

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Key term

Why do pressure groups use judicial review?

Key term

What was decided in the 1985 case concerning trade unions at a government intelligence establishment?

Key term

What did the Supreme Court decide in 2019 about the prorogation of Parliament?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What was decided in the 1985 case concerning trade unions at a government intelligence establishment?

    Model answer

    The court held that the exercise of prerogative power was reviewable in principle, though on these facts national security justified the minister's decision.

  2. 2

    What did the Supreme Court decide in 2017 about beginning the process of leaving the European Union?

    Model answer

    It held that ministers could not use prerogative power to start the process because doing so would remove rights created by statute, so an Act of Parliament was required.

  3. 3

    What did the Supreme Court decide in 2019 about the prorogation of Parliament?

    Model answer

    It held that advising a prorogation which frustrated Parliament's ability to carry out its functions without reasonable justification was unlawful, and the prorogation was of no effect.

  4. 4

    Why was the 2019 prorogation case constitutionally significant?

    Model answer

    It established that a prerogative power exercised by the government could be measured against constitutional principles, rather than being treated as purely political.

  5. 5

    What did the Supreme Court decide in 2015 about a minister overriding a decision to disclose correspondence?

    Model answer

    It quashed the minister's certificate, holding that a member of the executive could not simply set aside a court's reasoned decision that information should be released.

  6. 6

    What did the Supreme Court decide in 2017 about fees for employment tribunal claims?

    Model answer

    It held the fees unlawful because they prevented people of limited means from bringing claims, and so denied access to justice.

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The British Constitution
The Judiciary and the Supreme Court
The UK Executive
Parliament and the Accountability of Government

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Wyn developed it.
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AAccess is bought rather than earned.
BWealthy interests are heard disproportionately.
CMuch of it happens where the public cannot see it.

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Statute law is enacted by the legislature.
TrueFalse

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