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Separation of Powers (Executive and judiciary (Re M: order not to deport…
Separation of Powers
Executive and judiciary
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Re Evans v Attorney General: disclosure sought of Prince Charles' letters. High court granted but AG sought to block. SC criticised AG for trying to overrule court, and released letters.
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S4 HRA - court can make a DOI, but cannot amend the legislation themselves.
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Protections for judges
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Full time judges cannot sit in HoC + by convention should be apolitical + cabinet should not criticise judges
Judges used to be appointed by Lord Chancellor, now appointed by independent committee.
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Judicial activism
DPP v Shaw: ladies directory, no offence but court convicted
Gillick : court held children could decide their own care, as long as they were old enough to do so.
Airedale NHS Trust v Bland: Bland in vegetative state. Court said could turn off life support (omission not act).
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"The common law can, and should, keep pace with the times" - Lord Denning
Theory
"Power corrupts, and absolute power corrupts absolutely" - Lord Acton
“When the legislative and executive powers are united in the same person or …body …,there can be no liberty.” - Montesquieu
Burmah Oil v Lord Advocate: court upheld a claim for damages against the Crown. War Damages Act 1965 was passed to counteract this.
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Judicial deference
Malone v MPC: phone tapping, court refused to create new right to privacy + said decision was for parliament.
R (Nicklinson) v Ministry of Justice: Nicklinson unable to end his life. Court refused to make a ruling allowing euthanasia.