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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…

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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.…

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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…

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that a
governm
ent that
controls a
parliamen
tary
majority
can grant
powers
to itself
or its
agencies
through
legislatio
n and the
judiciary
can do
nothing
to
prevent
this.
Parliamen
t can
place
constraint
s on the
judiciary
in its
sentencin
g powers.
Governm
ent and
Parliamen

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t can
claim that
judges
are
unelected
and
unaccount
able, and
so do not
have the
right to
challenge
the
power of
the
elected
and
accounta
ble
governm
ent and
Parliamen
t.

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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…

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the 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.

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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…

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