Case studies for the supreme court

Ultra vires and the ECHR

• R. (Reilly) v Secretary of State for Work and Pensions (2013)

Reilly argued forcing her to work without pay in order to receive benefits infringed on article 4 in the ECHR which protects against slavery and the govt had acted ultra vires

Conclusion by the Supreme court R v Work and Pensions (2013)

Supreme court ruled hadn’t infringed on the ECHR but department had acted ultra vires

however the government had already changed and passed the law as the jobseekers scheme

This was then found to infringe on article 6 of the ECHR but it was confirmed that it was up to the government to proceed

R.(Tigere) v Secretary of state for business, Innovation and a Skills (2015)

Tigere born in Zambia but educated and living in the UK was not eligible for a student loan

Conclusion for the Supreme Court Tigere v secretary of state for business, innovation and Skills

In favour of Tigere on the grounds of article 2 right to education and article 14 (prohibiting discrimination)

R (Miller) v. Prime Minister (2019)

Boris Johnson’s request for the queen to suspend parliament unlawful