R (Evans) v. Attorney General [2015]

[2015] UKSC 21 · Supreme Court of the United Kingdom · United Kingdom

RemediesremediesRemediesRemedies for freedom of information; executive override; judicial review

Issue

Whether the Attorney General's power to veto a court's order for disclosure under the Freedom of Information Act was consistent with the rule of law.

Held

The veto was unlawful because the statutory power did not permit the executive to change the outcome of a judicial decision.

Exam use

Summary

Whether the Attorney General's power to veto a court's order for disclosure under the Freedom of Information Act was consistent with the rule of law.

Facts

Issue

Whether the Attorney General's power to veto a court's order for disclosure under the Freedom of Information Act was consistent with the rule of law.

Held

The veto was unlawful because the statutory power did not permit the executive to change the outcome of a judicial decision.

Ratio Decidendi

The constitutional principle of the rule of law prevents the executive from using a statutory power to set aside a judicial decision on the same facts.

Reasoning

Essay-Ready Explanation Generator

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Reference to R (Evans) v. Attorney General ([2015] UKSC 21) strengthens a Remedies answer because the case reflects the principle that The constitutional principle of the rule of law prevents the executive from using a statutory power to set aside a judicial decision on the same facts. Applied to a problem question, the case should be used after identifying the issue as Whether the Attorney General's power to veto a court's order for disclosure under the Freedom of Information Act was consistent with the rule of law. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Underlying Concepts

  • remedies
  • Remedies
  • Remedies for freedom of information; executive override; judicial review
  • case authority
  • exam application

Significance

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  • State the holding in one sentence, then use the ratio to explain why the court reached that result.
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  • Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.