JR prevention
- Created by: jesskeayy
- Created on: 06-05-19 12:26
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- Judicial Review prevention
- Parliamentary sovereignty is limited and cannot abolish judicial review, a fundamental aspect for ensuring that democracy continues
- Jackson v HM Attorney General
- JR cannot be used to overturn sovereignty, even where a law is questioned. Detrimental to constitution
- A v B (IPT) [2009]-
- COA established IPT were the only tribunal able to deal with the case, as it dealt with HRA
- Courts not able to look into the matter, due to RIPA legislation permitting this
- COA established IPT were the only tribunal able to deal with the case, as it dealt with HRA
- Anisminic v FCC [1969]
- Claimants argued they have a legal right to compensation
- Could judicial review be used over decision? Yes, due to the ouster clauses in Foreign Compensation Act 1950
- Claimants argued they have a legal right to compensation
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