Court System
- Created by: Francesca
- Created on: 09-04-14 17:19
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- Court System
- UK Courts
- 1. Supreme Court
- Hears appeals from the Appeals Courts
- Settling major disputes over human rights and judicial review
- major disputes over the accurate meaning of law
- Disputes between British and Eu law
- 2. Court of Appeal
- Hears appeals from criminal courts and High Court
- dealing with disputes from lower courts over accurate meaning of law
- appeals involving human rights
- 3. High Court
- Hears appeals from County Courts
- Cases involving large sums of money
- Cases where there is a dispute with some part of governement
- 4. Crown Courts, County Courts, Magistrates' Courts and Tribunals
- 1. Supreme Court
- European Courts
- European Court of Human Rights
- Hears appeals from citizens from all parts of Europe
- Bases decisions on European Convention on Human Rights
- most European countries are signatories
- NOT part of European Union!
- Sits in Strasbourg
- European Court of Justice
- Based in Luxembourg
- Highest court of the European Union
- Roles
- 4. Settles legal disputes between EU member states
- 1. Settles disputes between European Commission and a member state
- 2. Interprets meaning of EU law
- Decides how it should be applied in specific cases and to individual countries
- 3. Hears appeals from individuals and groups who feel their economic or social rights under EU law may have been abused within their own country
- Judgments are binding on all member states including UK
- Cases
- Factortame case 1991
- Laws of UK (in this case, the Merchant Shipping Act) could not conflict with EU law (iin this case, the common fisheries polciy)
- effectively this transferred much sovereignty to EU law
- Laws of UK (in this case, the Merchant Shipping Act) could not conflict with EU law (iin this case, the common fisheries polciy)
- Job seeker's allowance 2004
- Court ruled that citizens of any EU state could claim jobseeker's allowance in UK
- Retirement Age 2009
- Ruled in favour of UK's right to introduce compulsory retirement age of 65
- Car Insurance 2011
- Against EU law for car insurance companies to charge different premiums for men and women
- Insurance companies have to change their charges
- Against EU law for car insurance companies to charge different premiums for men and women
- Factortame case 1991
- Cases
- Votes for Prisoners 2005
- UK's denial of Prisoners' right to vote - abuse of their rights
- In 2011 Parliament voted to ignore this ruling
- UK's denial of Prisoners' right to vote - abuse of their rights
- DNA Retention case 2008
- Against ECHR right to privacy to retain the DNA profile of persons who had not been convicted of a crime
- Government forced to destroy many DNA profiles
- Against ECHR right to privacy to retain the DNA profile of persons who had not been convicted of a crime
- Stop and search powers 2010
- abuse of rights for police to stop and search attenders at demonstrations without anyt vase
- these pwoers now under review
- abuse of rights for police to stop and search attenders at demonstrations without anyt vase
- Votes for Prisoners 2005
- European Court of Human Rights
- UK Courts
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