Other pages in this set

Page 2

Preview of page 2

Page 3

Preview of page 3

Here's a taster:

Example of Judicial
reviews:
Case Effect
Mental Health Act The court ruled on the
case, 2002 UK law that required
that persons detained
for mental health
reasons had to prove
their fitness for
release. This offended
the ECHR and so in
future the authorities
had to prove that a
person was not fit to
be released. The
judgment asserted
the human rights of
those detained with
mental illness.…read more

Page 4

Preview of page 4

Here's a taster:

National (now that the Office of Fair
Santander) and Trading had no legal
others, 2009 power to investigate
bank charging
practices.
Suspected terrorist Court ruled that the
ban assets case, government did not
2010 have the legal power
to freeze the bank
assets of suspected
terrorists. An ultra
vires case. The
government later
passed parliamentary
legislation to allow it
to freeze such assets.…read more

Page 5

Preview of page 5

Here's a taster:

Judicial power over
government evaluated
Strengths Weakness
es
Judicial reviews have a The
wide scope to deal with absence
claimed abuses of of a
governmental power. codified
The Human Right Act has constituti
given judges added on and
power to prevent the
government from existence
exercising excessive of
powers that threaten ill-define
people's rights. d
The conventions and governm
statutes concerning the ent
independence of the powers
judiciary have resulted in a make it
more active judiciary.…read more

Page 6

Preview of page 6

Here's a taster:

Parliamen
t can
place
constraint
s on the
judiciary
in its
sentencin
g powers.…read more

Page 7

Preview of page 7

Here's a taster:

Parliamen
t.…read more

Page 8

Preview of page 8

Here's a taster:

Europe
an
Conve
ntion
on
Human
Rights
cases
Case Detail
Afghan A controversial
hijacke ruling that a group
rs of Afghan refugees
case, who has hijacked a
2006 plane to the UK
could claim asylum
and seek work in
the UK on the
grounds that their
lives would be in
danger if they
were deported.
Mosle Max Mosley, a
y v.…read more

Page 9

Preview of page 9

Here's a taster:

News of the
World, with several
false details. He
was awarded
compensation.
Insura The ECHR ruled that
nce insurance
discri companies could
minati not discriminate
on against men by
case, charging them
2011 higher car
insurance
premiums than
women.…read more

Page 10

Preview of page 10

Here's a taster:

How well the courts uphold Civil
Liberties
Strengths Limitations/
Weaknesses
The passage of the Human The courts cannot
Rights Act has added a codified be proactive in their
set of rights to which judges protection of rights.
can refer. This means they
Particularly since the 1960s, a must wait for
large quantity of legislation has appeals to be
been passed that asserts civil launched by
liberties, particularly laws citizens.
forbidding discrimination of Because the ECHR is
various kinds.…read more

Comments

No comments have yet been made

Similar Government & Politics resources:

See all Government & Politics resources »See all resources »