Judicial Review Cases and Rule of Law

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Questions and Answers

What was the main legal issue concerning the Home Secretary's actions in this case?

Whether the Home Secretary was acting within the judicial framework when setting the minimum tariff. (correct)

The Home Secretary's ability to revise sentences after public backlash.

The appropriateness of the sentence given the ages of the offenders.

The legitimacy of the public's influence on the Home Secretary's decision-making.

Which principle did Lord Steyn emphasize regarding the Home Secretary's decision-making process?

The necessity of maintaining a detached judicial approach. (correct)

The irrelevance of the severity of crimes when setting tariffs.

The requirement to consider sentencing guidelines for adult offenders.

The importance of aligning with public opinion in sentencing.

How did the dissenting opinion of Lord Browne-Wilkinson differ from the majority view?

He thought the public’s opinion should directly affect sentencing decisions.

He felt that the Home Secretary should not have any judicial power.

He argued that the executive can exercise discretion without following natural justice. (correct)

He believed the executive should adopt strict judicial procedures.

What did Lord Goff indicate about the Home Secretary's duties in relation to judicial constraints?

He is bound by the same principles governing a judge's sentencing process. Signup and view all the answers

What factor did the Home Secretary incorrectly prioritize when determining the tariff for the offenders?

Public protests and petitions regarding the sentence length. Signup and view all the answers

What was the main legal issue addressed in the case involving the Secretary of State for the Home Department?

Whether ministers can abandon a statutory scheme once established. Signup and view all the answers

Which judicial principle was found to be compromised by the Home Secretary's actions?

The principle of separation of powers between the judiciary and executive. Signup and view all the answers

What did Lord Keith argue regarding the Secretary of State's duty to bring the statutory scheme into force?

No legal duty exist to bring the statutory scheme into force. Signup and view all the answers

What was the dissenting opinion of Lord Mustill for the case?

Political criticisms should remain outside the realm of legal argument. Signup and view all the answers

According to Lord Nicholls, what obligation does the Secretary of State have regarding the statutory scheme?

To continually review whether to enact the provisions of the statute. Signup and view all the answers

What did Lord Lloyd highlight as a distinction regarding the Secretary of State's powers?

There is a difference between delaying and completely relinquishing powers. Signup and view all the answers

What principle did the court discuss in relation to the separation of powers?

The executive must act legally and fairly within its powers delegated by Parliament. Signup and view all the answers

What principle was challenged in the measures that only applied to non-nationals during the state emergency?

Equality before the law Signup and view all the answers

What was the main reason cited for the implementation of Employment Tribunal fees in the 2013 order?

To reduce the number of frivolous claims Signup and view all the answers

How did the Fees Order affect the number of claims in Employment Tribunals since its introduction?

It led to a dramatic and persistent fall in claims Signup and view all the answers

According to Lord Reed, what is essential for the courts to fulfill their role in ensuring the laws are applied and enforced?

Unimpeded access to courts for individuals Signup and view all the answers

What did the court emphasize about the administration of justice?

It is crucial for the development of law Signup and view all the answers

What critical point did Lord Reed make about the relationship between the Fees Order and statutory rights?

It cannot diminish specific statutory rights granted by legislation Signup and view all the answers

What would cause the Fees Order to be considered ultra vires according to the judgment?

If it effectively prevents access to justice Signup and view all the answers

What fundamental aspect of judicial power was highlighted in the context of access to justice?

The necessity for courts to regulate executive actions Signup and view all the answers

What societal implications were noted regarding the decline in claims due to the Fees Order?

It creates a perception of inaccessibility in legal rights Signup and view all the answers

Which historical document did Lord Reed reference to emphasize the importance of justice?

The Magna Carta Signup and view all the answers

What principle did LORD STEYN emphasize regarding the retrospective increase of Pierson's tariff?

Parliament must explicitly state its intent for retrospective laws. Signup and view all the answers

According to the dissenting opinion of LORD BROWNE-WILKINSON, what was the primary function of the courts regarding administrative decisions?

To ensure that ministers exercise their powers within their defined statutory discretion. Signup and view all the answers

What was a key implication of the majority opinion in the Pierson case regarding judicial and executive powers?

The courts are to uphold the rule of law over the intentions of Parliament. Signup and view all the answers

In the Belmarsh case, what condition must the UK government meet to derogate from the European Convention on Human Rights (ECHR)?

Show evidence of a public emergency threatening the nation's life. Signup and view all the answers

What was the main concern regarding the indefinite detention of non-nationals in the Belmarsh case?

Detention without trial could violate the principle of legality. Signup and view all the answers

What argument did the government present to justify the indefinite detention of suspects under the Anti-Terrorism Act?

That it was compliant with Article 15 ECHR under specific emergencies. Signup and view all the answers

What does the doctrine of legitimate expectation relate to in the context of the Pierson case?

Anticipated stability in sentencing following guidelines. Signup and view all the answers

Which of the following best describes the stance of the dissenting judges in the Pierson case?

They supported broader interpretations of ministerial discretion. Signup and view all the answers

Study Notes

Cases on Judicial Review and the Rule of Law

R v SofS for the Home Dept, ex p Venables: Home Secretary exceeded statutory powers sentencing two ten-year-old murderers to a longer tariff than recommended, influenced by public opinion. The judgment emphasized the Home Secretary's need to act like a judge, focusing on the facts and balancing public interest with justice. The Home Secretary's consideration of public outcry was deemed legally irrelevant.
R v SofS for the Home Dept, ex p Pierson: Unlawful retrospective increase of a prisoner's minimum tariff (from 15 to 20 years). The court held setting a tariff is akin to a judicial sentence, requiring the Home Secretary to act with the same impartiality as a judge. The decision emphasized the importance of legal certainty and the principle of legality.
A v Secretary of State for the Home Department: Indefinite detention of non-nationals suspected of terrorism without conviction. Held unlawful as it violated the HRA and needed tighter restrictions against discrimination. The UK government needed to demonstrate a 'public emergency'. The court's decision highlighted the limitations on the government's power even during national emergencies.
R (Unison) v Lord Chancellor: Tribunal fees significantly reduced access to justice and were held unlawful. Access to justice is a fundamental constitutional right, and the court emphasized the importance of the principle of legality and the enforcement of statutory rights.
R v. Secretary of State for the Home Department, ex parte Fire Brigades Union: Home Secretary's decision to abandon an enacted compensation scheme was deemed unlawful. The judgment highlighted the Home Secretary's duty to consider the scheme until Parliament acted.
R (Privacy Intl.) v Investigatory Powers Tribunal: The court held that a tribunal's decision not reviewable by courts should be clearly stated, not implicitly. The courts need explicit legislative intent to limit their review powers.

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Description

Explore critical cases on judicial review, focusing on the Rule of Law and the limitations of executive power. This quiz covers landmark decisions, including those involving the Home Secretary's adherence to statutory authority. Test your knowledge on the principles governing legality and the balance between public interest and justice.