Legal Method - Other Courts

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  • Created by: Alasdair
  • Created on: 30-10-20 14:06
Where is the Judicial Committee of the Privy Council located?
Parliament Square, Westminster.
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Who sits on the Privy Council?
At least 3 and (usually 5) of following: Justice of Supreme Court; Lord President of Council; Members of Privy Council; Commonwealth Judges who are members of Privy Council.
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Jurisdiction of Privy Council (a)
Appeal from certain Commonwealth countries. These decisions are not binding on English courts. However, they are highly persuasive due to seniority of Judicial Committee's personnnel.
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Jurisdiction of Privy Council (b.i)
To hear and determine questions relating to competences and functions of legislative and executive authorities established in Scotland and Northern Ireland by Scotland Act 1998 and Northern Ireland Act 1998.
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Jurisdiction of Privy Council (b.ii)
Questions as to competence and functions of Assembly established by Government of Wales Act 2006.
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Procedure of Privy Council
Judges read documents and hear argument and then give 'advice' (not a judgement) to Queen/ Advice takes form of one opinion. Dissenting opinions are allowed.
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Where is the European Court of Justice located?
Luxembourg.
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Who sits on the European Court of Justice?
Judges are appointed by agreement among governments of Member States (at least one judge from each). The judges are assisted by Advocates-General.
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Jurisdiction of the European Court of Justice (a)
Ensuring European law is applied uniformly in all Member States. Does this by giving preliminary rulings on interpretation of Treaties, interpretation or validity of acts of EU institutions, and interpretation of statutes of certain other EU bodies.
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Jurisdiction of European Court of Justice (b)
Actions against member States to determine whether they have failed to fulfil their obligations under Treaties. These may be brought either by Commission or by one Member State against another for failure to fulfil its Treaty obligations.
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Limited powers of European Court of Justice
Limited power to deal with actions brought by individuals: most actions are brought by Member States or EU institutions, or are referred by national courts.
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Procedure of the European Court of Justice
Only one collegiate judgement is delivered. Advocate-General assigned to case assists court by presenting opinion (a detailed analysis of all relevant issues of fact and law) together with recommendations to court (not required to follow).
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Where is the European Court of Human Rights located?
Strasbourg
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Who sits on the European Court of Human Rights?
Judges are appointed from each State which is a party to European Convention on Human Rights of 1950 (ECHR).
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Jurisdiction of European Court of Human Rights (i)
Court set up under ECHR, international treat that binds ratifying States to observe certain standards of behaviour towards individuals (e.g. right not to be subjected to torture and right to fair hearing).
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Jurisdiction of European Court of Human Rights (ii)
Individuals can, if necessary, complain of breaches to European Court of Human Rights (ECtHR). Can be extremely expensive and take years. Since 2/10/2000 Convention rights have been directly enforceable in our domestic courts, following Human Rights Act.
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Jurisdiction of European Court of Human Rights (iii)
Since 1959, state violations have been found in 83% of cases. Rulings included Turkey being ordered to settle property disputes arising from 1974 Cyprus invasion (12/2005); ruling against UK ban on vote for prisoners (10/2005).
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Other cards in this set

Card 2

Front

Who sits on the Privy Council?

Back

At least 3 and (usually 5) of following: Justice of Supreme Court; Lord President of Council; Members of Privy Council; Commonwealth Judges who are members of Privy Council.

Card 3

Front

Jurisdiction of Privy Council (a)

Back

Preview of the front of card 3

Card 4

Front

Jurisdiction of Privy Council (b.i)

Back

Preview of the front of card 4

Card 5

Front

Jurisdiction of Privy Council (b.ii)

Back

Preview of the front of card 5
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