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
    • 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

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