Activity: How effectively can the judiciary control executive and legislative power?
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19th August 2015
How effectively can the judiciary control executive and legislative power? (40)
Instructions Read each box and colour code it corresponding to whether it demonstrates the judiciary has effective control over the executive and legislature or ineffective control over the executive and legislature. |
Judicial Review – can review action taken by ministers under delegated legislation BUT cannot review Primary Legislation (Acts of Parliament) | Judges can’t be proactive – they have to wait for cases to come to them | Parliamentary Sovereignty limits the power of judges to control Parliament – Judges cannot overturn any Act of Parliament either by Judicial Review or under the HRA | Rule of Law – Judges uphold the Rule of Law |
The Government can derogate from the terms of the Human Rights Act | The Human Rights Act – can use the HRA to judge that a particular action contravenes the Human Rights of the individual/s involved |
Government can still pass legislation that contravenes HRA | Involvement in debate – Judges can become involved in debates about controversial issues (although this does have an impact on neutrality issues) | Although the Judiciary can overturn something on Judicial Review – Parliament can then decide to legislate to ensure that that thing still happens |
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