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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.