When will the courts flout the clear will of Parliament? See the House of Lord's decision in Sheldrake v Dpp, A-G Ref's (No 4 of 2002)
A)If they do not agree with the legislation
B)If they decide a reverse burden should not be imposed
C)If the burden unjustifiably infringed S6(2) ECHR.
D)If the courts want to override Parliaments intention

Question

Quizplus · Accepted Answer

The courts can flout the clear will of Parliament if they believe that the burden imposed by the law unjustifiably infringes on a person's rights under the European Convention on Human Rights (ECHR). This was the case in Sheldrake v Dpp, A-G Ref's (No 4 of 2002) where the House of Lords held that a reverse burden of proof in the Road Traffic Act 1988 infringed on the right to a fair trial under Article 6(2) of the ECHR. Therefore, the answer is C.

When Will the Courts Flout the Clear Will of Parliament