Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
14 Cards in this Set
- Front
- Back
M v Home Office (1993) |
Parliament makes laws; exec carries into effect; judiciary enforces (per Templeman) |
|
Constitutional Reform Act 2005 (6) |
(1) duty on government ministers to uphold independence of judiciary; (2) judicial rights of LC transferred to President of Supreme Court; (3) executive to SecStateJustice; (4) parliamentary by Lord Speaker of HL; (5) established Supreme Court and (6) Judicial Appointments Commission |
|
House of Commons (Disqualification) Act 1975 |
95 ministers from Commons |
|
Regulatory Reform Act 2001 |
Enables a minister to make amends to order statutory provisions |
|
Bagehot on executive/legislative: |
fusion |
|
Amery on executive/legislative: |
emphasises difference |
|
Lord Hailsham on exec/legislative: |
An effective dictatorship through the whip system |
|
Constitutional Reform and Governance Act 2010 |
Ponsonby Rule on a statutory footing |
|
Ahmed et al v HM Treasury (2010) |
Adoption of two UN measures under 1946 UN Act on freezing of assets. Held that no such draconian measures were contemplated when act was passed; Parliament could only depart from fundamental rights using unambiguous language. |
|
Cohn on Supreme Court |
Activist House of Lords/SC reinforces constitutional framework |
|
Lennan on Supreme Court |
More separation -> even in 1990s Law Lords participated in parliamentary debate |
|
Lord Lloyd of Berwick on judges and executive |
Sentencing and judicial review as sources of tension -> in both executive is strengthening; attempt to pass Asylum and Immigration (Treatment of Claimants) bill in 2003 criticised |
|
War Damage Act 1965 |
Reverses Burmah Oil Co Ltd v Lord Advocate (1965) |
|
R v Secretary of State for the Home Department ex p Fire Brigades Union (1995) |
judiciary verifies that powers are assorted in accord with the law & standards of fairness. |