powers of the supreme court

what does the supreme court do?

act as the final court of appeal in the UK, defining the meaning of law when there is confusion, and ruling on cases of ultra vires

why can't the supreme court challenge acts of parliament?

acts are primary legislation made by parliament which is sovereign

what must courts do instead of striking down laws?

refer laws that contradict each other back to parliament itself through a declaration of incompatibility

how has the supreme court becoming a constitutional court given it additional power?

it has been asserted through recent cases, 2 brought by Gina Miller over article 50 (during brexit), and one brought to stop PM Johnson's long prorogation of parliament

how has increased media interest and a more prominent position in conspicuous buildings given the supreme court more symbolic power?

the move to a new building in 2009 to highlight a separation of powers also highlighted the role of the supreme court to the public

what is the main work of the supreme court?

judicial review

what is the average number of judicial review applications to the high court per year?

4000, though only 10-12 ever reach the supreme court

which two acts led to more judicial review?

the human rights act 1998, and european communities act 1972

what has the uneasiness of politicians towards the UK supreme court been revolved around in terms of judicial review?

the long term issue of ultra vires, the EU, and human rights

what do the human rights act and european communities act demand UK law to comply with?

international treaties, as judges have been required to uphold this by parliaments politicians who voted for new laws

what are ultra vires cases?

where a government official is accused of going beyond their legal powers

what is an example of a ruling on an ultra vires case?

in 2010 the supreme court decided the treasury had acted beyond its powers in freezing the assets of suspected terrorists and so it ruled it had acted illegally

what is an example of a ruling on a declaration of incompatibility?

in 2004 (Belmarsh case) the law lords ruled part of the antiterrorism, crime and security act broke the HRA as it allowed for detention without trial, and so was incompatible

what does EU law as superior to UK law until 2020 mean?

EU laws took precedence irrespective of what UK laws had previously said, however EU laws focused on trade and so in every other way, parliament was free to act as before

how was judicial review needed in the trade Factortame case?

the most famous instance concerned fishing rights brought against the UK by Factortame, which argued the UK's merchant shipping act 1988 was illegal under EU law and won

what is the role of the european court of justice in Strasbourg?

to settle legal disputes on trade between EU member states or between companies or individuals

how was judicial review needed in the environmental air pollution case?

the UK adopted EU environmental law, though failed to uphold it by not limiting poisonous emissions of nitrogen dioxide, leading to the UK paying legal costs to the european commission

what ensured the european court of justice no longer had authority over the UK?

withdrawal from the EU as well as the treaty of rome 1957

what are arguments over the judicial review of the human rights act?

some believe it has been extensive (such as Lord Sumption), though the majority view of the UK supreme court differs and individual rights have been extended through the courts interpretation of the law

what are examples of the rights the HRA protects in law?

article 2 (the right to life), and article 6 (the right to a fair trial)

what may the human rights act eventually be replaced by?

a British bill of rights, as the HRA is not a fundamental law and is not entrenched

what must judges do instead of disapplying laws that breach the human rights act?

issue a declaration of incompatibility and refer the matter back to parliament, who may choose not to do anything

what is an example of a civil partnerships case involving the human rights act?

in 2018 the supreme court said the UK government had discriminated against different sex couples, as civil partnerships were only legal for same sex couples

what is the case study of John Worboys black cab rapist?

two victims of serial rapist John Worboys successfully won a case against metropolitan police for not taking their allegations seriously, they won substantial compensation as human rights had been breached

what is the case study of Charlie Gard?

the removal of a seriously ill baby to take him abroad for medical treatment was opposed by Great Ormond Street hospital, the court found against the baby's parents reaffirming parents do not have the ultimate say on their child's care