11.1 - Supreme Court Flashcards
When was the Supreme court established?
2009
Why was the supreme court established?
- 2005 constitutional reform act
- Seperation of powers
Define:
Judicial Neutrality?
Judges should not be influenced by parties, or their own politics.
Define:
Judicial Independence?
Judges cannot be influenced by other branches of government
What is a judicial review?
A court proceeding where the supreme court reviews the legality of another government departments decision.
How is judicial independence achieved?
- Cannot be removed unless they break the law
- Retirement age of 70
- Immunity from comments made in court
- Salaries paid automatically from a ‘consolidated fund’
- Appointed apolitically
What is the role of supreme court judges?
- Interpret the HRA
- Uphold the law
- Rule against government decisions
How many judges are there in the supreme court?
12
Define:
Judiciary Review?
The power for the SupremeCoourt to review the actions of government departments that breach the law or HRA.
Why is the Supreme Court seen as unrepresentative?
- Well educated
- Old
- Male
- White
3 Examples of the power of the Supreme Court?
- 2018 - declaration of incompatability - civil partnerships
- 2015 - FOI - Prince Charles’ letters
- 2010 - Ultra vires - Chris Grayling - Residence test
Name:
The principles of the supreme court
- Judicial independence
- Judicial neutrality
Define:
Judicial independence
Judges are free from external political pressure
How is judicial independence achieved?
- Seperation of powers
- Judges are not appointed by the PM
- Judges are paid a set salary
- Judges can not be fired - security of tenure
- Judges cannot be punished based off rulings
- MPs are not allowed to comment on currently occuring SC cases
How does judicial independence fail?
- Decisions on appointments to SC made by the executive
- They do not often rule against the government
- Lord Chancellor has the final say on appointing judges
Define:
Judicial neutrality
All judges must be politically neutral
How is judicial neutrality achieved?
- Judges cannot state their political views publicly
- Judges are not selected by the PM
- Judges must remain out of the public eye
- Decisions must not be made based off personal political opinion
How does judicial neutrality fail?
- Judges are not demographically balanced
- Judges will still have political views that may impact their rulings
What is judicial review?
Supreme Court can review decisions made by government departments
What type of legislation can the Supreme Court overturn?
Secondary
Define:
Ultra Vires
The government acting beyond the legal powers of their authority
How does the Supreme Court have influence over the executive?
- Can make rulings that opppose government policy
- Can make a ‘Declaration of incompatability’
- Uphold freedom of information act
State:
3 Examples of the Supreme Court opposing government
- HM Treasury V. Ahmed
- Miller 1 + Miller 2
- 2nd Scottish independence referendum
What is the role of the supreme court?
- Final court of appeal for England and Northen Ireland
- Hearing issues of public importance
- Defend the rights and liberties of UK citizens
