2022 Exams Revision Flashcards
Outline the membership of the UK Supreme Court
Lord Reed - President
Lord Hodge - Deputy President
10 members - 2 vacancies
Only 1 female justice - Lady Rose - has attracted negative attention of the Court - ‘pale, male, stale’
Outline the role of the UK Judiciary
Carries out its constitutional function of interpreting and applying the law enacted by Parliament in court cases.
Outline the roles of the UK Supreme Court
1) The only UK-wide court
2) The final court of appeal for rulings made by lower courts
3) Hears cases on arguable points of law, where matters of wider public and constitutional important are involved
4) Interpret law passed by the EU (formerly)
5) Rulings on cases where devolved bodies may have overstepped their powers
Outline the principle of Judicial Independence.
Principle that those in the judiciary are free from political control - such independence allows judges to ‘do the right thing’ and apply justice properly, without fear of consequences.
Outline the principle of Judicial Neutrality.
Where judges operate impartially in their administrations of justice
Essential requirement of the rule of law
Expectation that judges will exercise their functions without personal bias
Explain how judicial independence is undermined
Can be undermined on the subject of funding:
- E.g. - its 1st president, Lord Phillips, raised concerns about finance - in response to the spending cuts imposed on the court system as part of the coalition’s strategy to eliminate the budget deficit
- Argued that independence was at risk unless spending could be allocated pre-set, ring-fenced funding - spoke of a ‘tendency on the part of the Ministry of Justice to try gain the Supreme as an outlying part of its empire’
Explain how judicial neutrality if undermined.
Narrowness in terms of gender, social and educational background is a real concern - long-standing anxiety about the senior judiciary as a whole.
- Only 1 female member - significant in the Radmacher v Granatino case (2010) - involved a pre-nuptial agreement between marriage partnets - majority upheld principle that claims made in the event of a divorce should be limited
- Only Lady Hale dissented - argued that the vast majority of people who would lose out as a result of this precedent would be women
Outline 3 important UK Supreme Court cases
The case of Private Jason Smith, June 2010
The HS2 rail links, Jan 2014
Brexit ruling, Jan 2017
Explain how the UK Supreme Court has had an influence on Parliament and the Government.
One of most important roles - interpreting 1998 HRA - interprets whether existing pieces of UK legislation are in conflict with ECHR - ‘declaration of incompatibility’ - expectation for parliament to modify the law.
Doctrine of parliamentary sovereignty means that the Supreme Court does not have the power to strike down laws - no codified constitution against which they could test legislation.
Has power of judicial review - inquires whether ministers have followed correct procedures in the way they implemented legislation - investigates whether they have acted ultra vires (beyond one’s power).
Outline areas where there is conflict between the judiciary and the government.
When the Supreme Court makes it ruling against the government - in 2019, for example, when Boris Johnson’s prorogation of parliament was deemed unlawful.
Outline the main reforms made to the Judiciary in the Constitutional Reform Act 2005.
1) Changed role of Lord Chancellor - removed him from position as head of judiciary - Lords now chaired by the lord speaker
2) Created Judicial Appointments Commission
3) Supreme Court would take on the roles previously performed by the Law Lords
