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Example of Judicial
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

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National (now that the Office of Fair
Santander) and Trading had no legal
others, 2009 power to investigate
bank charging
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

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Judicial power over
government evaluated
Strengths Weakness
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

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t can
s on the
in its
g powers.…read more

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t.…read more

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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

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

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How well the courts uphold Civil
Strengths Limitations/
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


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