1/6
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
Reasons the SC-Ex relationship has changed
Growth (and reduction in) judicial reviews
Increase in liberal ideology and rights culture
Introduction of the HRA
Increase in liberal-minded senior judges
Constitutional Reform Act 2005
UK judiciary no longer subordinate to the Executive
Judges no longer reluctant to challege state power and assert rights of citizens
UK judiciary no longer subordinate to the Executive - 2017 evidence
Gina Miler Article 50 case ruled against the govt
Ruling that employment tribunal fees of up to £1,200 unlawful and inconsistent with access to justice
Also contrary to Equality Act as disproportionately affected women
Ministry of Justice scrapped fees and refunded those who had already paid them
UK judiciary no longer subordinate to the Executive - 2019 evidence
Ruling of bedroom tax (housing benefit reduced by 14% for having a spare room )as unlawful as breach of right to a home under HRA
Full housing benefit restored to claimant and at least 155 partners of other disabled people
UK judiciary subordinate to the Executive - 2020 evidence
Proprotion of civil judicial reviews in England and Wales (excl immigration cases) won by the claimant fell by 50%
26% of cases that went to a final hearing were won by the claimant
Lowest number of civil judicial reviews since 2001 found for the claimant - 68
UK Constitutional Law Association (2021 vs 2020)
SC had ‘more of a tendency to reject human rights claims’ and to ‘side with public authorities’
UK judiciary subordinate to the Executive - 2021 evidence
New low of civial judicial reviews found for the claimant since 2001 - 31
Success rate lowest on record
2.2% of total cases lodged
30% of cases that went to a final hearing
2 of 18 human rights cases successful
UK judiciary subordinate to the Executive - evidence
2016-2020
Success rate
4.7% of total cases lodged
38.9% of those that went to a final hearing