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POL - 11 - Relationships Between the Branches > 11.1 - Supreme Court > Flashcards

11.1 - Supreme Court Flashcards

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Conversation Starters flashcards
1
Q

When was the Supreme court established?

A

2009

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2
Q

Why was the supreme court established?

A
  • 2005 constitutional reform act
  • Seperation of powers
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3
Q

Define:

Judicial Neutrality?

A

Judges should not be influenced by parties, or their own politics.

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4
Q

Define:

Judicial Independence?

A

Judges cannot be influenced by other branches of government

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5
Q

What is a judicial review?

A

A court proceeding where the supreme court reviews the legality of another government departments decision.

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6
Q

How is judicial independence achieved?

A
  • 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
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7
Q

What is the role of supreme court judges?

A
  • Interpret the HRA
  • Uphold the law
  • Rule against government decisions
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8
Q

How many judges are there in the supreme court?

A

12

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9
Q

Define:

Judiciary Review?

A

The power for the SupremeCoourt to review the actions of government departments that breach the law or HRA.

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10
Q

Why is the Supreme Court seen as unrepresentative?

A
  • Well educated
  • Old
  • Male
  • White
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11
Q

3 Examples of the power of the Supreme Court?

A
  • 2018 - declaration of incompatability - civil partnerships
  • 2015 - FOI - Prince Charles’ letters
  • 2010 - Ultra vires - Chris Grayling - Residence test
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12
Q

Name:

The principles of the supreme court

A
  • Judicial independence
  • Judicial neutrality
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13
Q

Define:

Judicial independence

A

Judges are free from external political pressure

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14
Q

How is judicial independence achieved?

A
  • 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
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15
Q

How does judicial independence fail?

A
  • 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
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16
Q

Define:

Judicial neutrality

A

All judges must be politically neutral

17
Q

How is judicial neutrality achieved?

A
  • 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
18
Q

How does judicial neutrality fail?

A
  • Judges are not demographically balanced
  • Judges will still have political views that may impact their rulings
19
Q

What is judicial review?

A

Supreme Court can review decisions made by government departments

20
Q

What type of legislation can the Supreme Court overturn?

A

Secondary

21
Q

Define:

Ultra Vires

A

The government acting beyond the legal powers of their authority

22
Q

How does the Supreme Court have influence over the executive?

A
  • Can make rulings that opppose government policy
  • Can make a ‘Declaration of incompatability’
  • Uphold freedom of information act
23
Q

State:

3 Examples of the Supreme Court opposing government

A
  • HM Treasury V. Ahmed
  • Miller 1 + Miller 2
  • 2nd Scottish independence referendum
24
Q

What is the role of the supreme court?

A
  • Final court of appeal for England and Northen Ireland
  • Hearing issues of public importance
  • Defend the rights and liberties of UK citizens
25
Q

What law does the Supreme Court use to come to decisions?

A
  • EU Law
  • Human Rights Act
  • Freedom of Information Act
26
Q

What did the Supreme Court replace?

A
  • Law lords
  • Sat in HoL
27
Q

How is the Supreme Court structured?

A
  • 1 President
  • 1 Deputy President
  • 10 Justices
28
Q

The retirement age of 70 only applies to justices appointed after what year?

A

1995

29
Q
A
30
Q

Explain:

Declaration of incompatability

A

A ruling made by the Supreme court when the government acts in a way that is not compatible with law

POL - 11 - Relationships Between the Branches (4 decks)

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