Judiciary's check on Government since 1997

Constitutional Reform Act 2005

enhancement of judicial independence, making it more likely that judges would feel able to hold the executive and parliament to account

Cases under the ECHR heard in UK courts

since 1998 senior courts in UK can directly question Acts of parliament

HRA

exceutive and parliament must ensure all legislation complies with the HRA or see their legislation be challenged

declaration of incompatibility

parliament is under no legal obligation to fall in line with the court rulings

Ultra Vires rulings

binding rulings so government must comply

(R) Miller v Prime Minister (2019) - Executive going beyond prerogative powers

(R) Miller v Secretary of state for exiting the European Union (2017) - Upholding Parliamentary Sovereignty

HM Treasury v Ahmed (2010) - freezing of suspected terrorist suspect assets