 starter activity The Christian Institute requested a judicial review into the BBC’s decision to screen Jerry Springer the Opera in January 2005 on the grounds it was blasphemous. Eventually the High Court overturned the appeal.

Are judges too powerful? To find out what is meant by ‘judicial review’ To examine reasons for growing number of cases of judicial review in recent years  Aims

 Your task What is meant by ‘judicial review’? What is meant by ‘judicial review’? In what circumstances can judges initiate a judicial review? In what circumstances can judges initiate a judicial review? List the problems associated with the judicial review process List the problems associated with the judicial review process

Judicial review Process where judges decide whether public bodies (including govt) have acted lawfully Process where judges decide whether public bodies (including govt) have acted lawfully

Process Judicial review is granted on three grounds Judicial review is granted on three grounds If a public authority has exceeded its statutory powers, (ultra vires,) If a public authority has exceeded its statutory powers, (ultra vires,) Where there has been a procedural impropriety Where there has been a procedural impropriety Where an action was ‘irrational’ Where an action was ‘irrational’

Problems The willingness of judges to intervene in matters of public policy The willingness of judges to intervene in matters of public policy Unelected judges making judgements on elected bodies Unelected judges making judgements on elected bodies Are judges sufficiently trained? Are judges sufficiently trained? Difficult for individuals to initiate the process Difficult for individuals to initiate the process Only 1/3 of actions reach final hearing Only 1/3 of actions reach final hearing Only 1 in 6 cases succeed Only 1 in 6 cases succeed Enormous cost Enormous cost

 Your task Read Watts, p and list as many examples as you can of successful judicial review cases against the government. Read Watts, p and list as many examples as you can of successful judicial review cases against the government.

Judicial review in action Michael Howard (Cons, Home Sec): several cases including exclusion of Rev Moon from UK due to financial irregularities Michael Howard (Cons, Home Sec): several cases including exclusion of Rev Moon from UK due to financial irregularities Michael Howard Michael Howard David Blunkett (Lab, Home Sec): over Nationality, Immigration & Asylum Act (2002) David Blunkett (Lab, Home Sec): over Nationality, Immigration & Asylum Act (2002) David Blunkett David Blunkett Anti-Terrorism Act (2001): detention without trial unlawful, as were ‘control orders’ Anti-Terrorism Act (2001): detention without trial unlawful, as were ‘control orders’ Anti-Terrorism Act Anti-Terrorism Act Prague Airport (2004) – activities of immigration officers contravened 1951 Refugee Convention Prague Airport (2004) – activities of immigration officers contravened 1951 Refugee Convention Prague Airport (2004) Prague Airport (2004) Belmarsh (2004) – 9 prisoners held without trial Belmarsh (2004) – 9 prisoners held without trial Belmarsh (2004) Belmarsh (2004)

Plenary Plenary Do you think judicial review gives judges too much power or is it an essential part of British democracy? Discuss this point with your partner and write a judgement paragraph. Do you think judicial review gives judges too much power or is it an essential part of British democracy? Discuss this point with your partner and write a judgement paragraph.

 Your task Read p. 178 and note 5 key articles of the HRA. Read p. 178 and note 5 key articles of the HRA. Why did Labour decide to pass a British Human Rights Act in 1988? Why did Labour decide to pass a British Human Rights Act in 1988? Read pp and create a scales chart listing evidence that the HRA has been a force for good or not. Read pp and create a scales chart listing evidence that the HRA has been a force for good or not.

Key articles Right to life Right to life Freedom of though, conscience and religion Freedom of though, conscience and religion Freedom of expression Freedom of expression Freedom from discrimination Freedom from discrimination Right to privacy Right to privacy Can you see any potential problems in enforcing some of these rights?

Reasons for HRA (1998) Need for British Human rights Act Need for British Human rights Act Cost: £30,000 per case on average Cost: £30,000 per case on average Time: 5 years to go to court Time: 5 years to go to court Parliamentary sovereignty: European Court challenging decisions of UK govt. Parliamentary sovereignty: European Court challenging decisions of UK govt. CCTV footage showing the moment when Jamie Bulger was led off by his attackers

HRA - positive Reducing time & cost of cases Reducing time & cost of cases Upholding sovereignty of UK Parliament Upholding sovereignty of UK Parliament Clarity – EU convention enshrined in UK law Clarity – EU convention enshrined in UK law UK judges able to apply human rights law to UK legislation UK judges able to apply human rights law to UK legislation Judges cannot overturn laws – rule they are ‘incompatible’ Judges cannot overturn laws – rule they are ‘incompatible’

HRA - negative Broad brush approach to judgements Broad brush approach to judgements Empowering & politicising judges still further Empowering & politicising judges still further Controversial cases, e.g. rights of criminal protected Controversial cases, e.g. rights of criminal protected Insufficient: calls from Cameron for a British ‘Bill of Rights’ and scrapping of HRA Insufficient: calls from Cameron for a British ‘Bill of Rights’ and scrapping of HRA Growth of ‘compensation culture’ Growth of ‘compensation culture’compensation culturecompensation culture

Plenary Plenary Is there a case for scrapping the HRA? Are we living in a society of too many rights and no responsibilities? Has the HRA given too much power to judges? Is there a case for scrapping the HRA? Are we living in a society of too many rights and no responsibilities? Has the HRA given too much power to judges?