3.4 - Relationships between institutions Flashcards
What is the composition and history of the Supreme Court
The supreme court was opened on the 1st of October 2009 and established by the conditional reform act of 2005. Before the law lords sat as lords and were the highest court of appeal. IT was created to get greater transparency and establish independence of the courts,
It also changed the role of the Lord chancellor- they used used to haver three historic functions:
- Cabinet minister who supervised legal system
- Chairman of the sitting of the lords
_ head of judiciary, who appointed other judges
- It combined the roles of the executive, legislative and judiciary. The last two have bene removed, the lord speaker heads the former and the judicial appointments commission the latter.
What is the role of the Supreme Court
The UK does not have a single unified legal system- there are different systems. The supreme court is UK wide and acts as the final court of appeal for rulings made by lower courts.
IT is the final body for criminal cases in England and Wales and NI and for civil cases for all.
The hears appeals on points of laws on matters of the wider public and constitutional importance are concerned. IT is an interpretive body.
IT can also make rulings on whether devolved bodies have acted within their powers.
For example it ruled that the Scottish government’s proposed idea the have named persons scheme, which planned to appoint stat guardians to be responsible for the well beings of children, was blocked as it conflicted with Article 8 of the human rights act, the right to private and family life- there is no consent.
Outline the structure of UK courts
The supreme court deals with both civil and criminal cases-
On the civil side
- High court- court of appeal to lower
- High court- consists of three devisions
- Queens bench- contract law, personal injury and negligence
- Family- divorce, children, medical treatment
Chancery- Business, probate, trusts
Also supervises
Crown court- Civil cases such as compensation
Tribunal- hears appeals on immigration, social security act
On the criminal side
- same as past for top 2
Crown court- criminal court that hears appeals and holds jury trial;s and sentencing
- Less serious in magistrates
How are members of the supreme court appointed
- The Supreme Court consists of 12 members, but an odd number always sit. In important cases 11 will- for example the UK’s exit of the EU.
The most senior figure is the president- Brenda Hale.
Supreme court justices have to have served as a senior judge for 2 years and been qualified as. lawyer for 15. When a vacancy occurs a independent 5 person body , with the president, deputy, a member of the judicial appointments commission, and equivalent bodies IN Scotland and NI decide. The lord chancellor either confirms or rejects - they cannot reject names repeatedly . The PM confirms then the monarch.
What are the two key operating principals of the Supreme Court
Judicial neutrality- There is an expectation they will reform without bias. This is confirmed in the bode of conduct-
Conflicts of interest- judges have to refuse to sit in cases that involve family, friends, professional associates, which may give rise to doubt the detachment
Public activities- may write and give lectures as part of education function and may involve themselves with charity, but must avoid political activity. They can serve on official bodies, such as government commissions, but have to maintain neutrality.
They are transparent about rulings. Their website has all decisions and reasoning.
How neutral is the court and where has there been an example of independence being limited.
The narrowness of its composition in terms o genre and social and educational background is a concern. It contains a disproportionate amount of privately educated white men.
This was brought to attention when only one female member was able to be there on Radamer V Granationo. This involved a pre nuptials agreement, which a majority of justices upheld the principal that claims made in the event of a divorce should be limited. She was the only one to dissent from majority verdict, claiming that the vast majority of people who would loose out were women. She pointed out the issue in an interview where she pointed out that since she has been there 12 new judges have been sworn in and only 2 weren’t privately educated and 2 didn’t go to Oxbridge.
What is judicial independence
The principal that judges must be free from political interference.They need to be impartial they will often rule on bases between the state and citizen.
How does the Judiciary ensure independence
Employment- Judges cannot be removed unless;ess they break the law. They do have a retirement age- 70 for those appointed post 95. Immune from legal action from comments
Pay- Judges salaries are paid automatically away from the budget by the consolidated fund, cannot be manipulate day ministers
appointement- transparent and free from political involvement.
Its physical separation is a visual sign of this.
What concerns about the independence of the supreme court have been raised.
Some concerns have been raised around the indepdpnce.
In 2011, Lord Phillips raised concerns about function. The speeding cuts on the court system meant that Phillips argued that the independence of the court was at risk, unless there was independent funding. HE spoke of the tendency on the part of the ministry of justice to try and gain the Supreme Court as an outlying part of the empire.Ken Clarke dismissed this asnd said it was independence, but it cannot set its own budget.
What influence has the Supreme Court had on the executive and parliament
- One of the most important aspects of this is the Court can interpret in human rights act.It can issue a declaration of incompatibility. There is an expectation that parliament will modify the law to bring it in line with the convention of human rights. The court cannot strike down parliament though, unlike the US. This limits their power
It can however carry out judicial review. The court can inquire whether ministers have followed correct procedures in the way the implement legislation. IT can examine actions of public bodies and see if they have acted ultra vires- beyond ones powers.
Give 4 examples of supreme court rulings and their implications on the government
The right for offenders to appeal against the registration for life- 2010
- The governments position was the individuals who have committed serious sexual offences, in England and Wales, must register for life. The court ruled that this breached their human rights and should be able to appeal after 15 years. This caused conflict.
The case of Private Jason smith - 2010
- He was a serviceman who died of heatstroke in Raw. His family Brough forward a case against the ministers of defence, claiming that authorities should have safeguarded him. The high court ruled in their favour, but he supreme court overruled them- 6 to 3. They claimed that the Human rights act does not extend to troops in combat.
Al Rawi case
- The case was brought by former Inmates of Guantanamo bay who claimed UK security services had contributed to their imprisonment . The security chiefs supported by the government, said that in the interest of national security , evidence must be given in secret. They rejected this it breached the right to fair trial. Both sides have to be able to see evidence
HS2- 2014
Campaigners against the planned London the Birmingham rail link requested judicial review to see if it complies with EU environmental directives. They dismissed this as pearleimtn had not reached final decisions, so its merit remains open
How did the Supreme Court rule on Brexit
The Supreme court upheld the high courts ruling that the PM cannot choose to leave on prerogative powers. They claimed that EU membership introduced statutory rights, only parliament can remove these-
What did Lord Hailsham call the way power had been centralised in the executive in a speech at the BBC? what are some examples of this being drastic?
an “elective dictatorship”. HE believed that the only real check on power is general elections and government can do what they want- within reason. Even small majorities
Some examples this-
- 2003 Blair government- elected on 40% of the vote, attempted to abolish the role of lord chancellor, with no prior consultation. On meeting constitutional difficulties with plans, it carried out drastic remodelling of the office in 2005 constitutional reform act.
- 2011 Coalition government created ,not through public opinion, passed the fixed term parliament act
- Allowing Scotland to have a referendum- electorate not consulted.
IT comes from various places
- First past the post tends to deliver strong one part systems
- Whip systems
- Government domination of legislative timetables
- Use of salisbury convention and parliament act
- Absence of codified constitution
Outline parliaments ability to influence and scrutinise government legislation
- Rebellions have become more common in recent years. Blair did not loose until after 2005- on the terrorist bill. If a government fears it will loose it will often withdraw- Cameron did this on the hunting ban after the SNP made it clear they would vote against.
Sometimes opposition often results in a free vote. It is usually on more moral and personal issues- for example same sex marriage.
However, normally pressure of party discipline will ensure that a government secures its programme- even the most controversial aspects. For example, in 2010 the coalition voted top increase student loans- the Lib Dems had to abandon an election promise. The government has to sometimes rely on opposition MPs - for example Blair on the rental of trident in 2007.
The lords now rebells more, after the hereditary peers were expelled. IT has used its power to secure amendments, for example the sunset clause in the 2005 prevention of terrorism act.They usually won’t
How does parliament scrutinise other government committees
Changes to select committees, where MPs now elect their chairs, has enchased their status. Long standing chairs, such as Andrew Tyrie of the treasury select committee have accumulated experience and expertise.
They now include powers such as pre appointment hearings and scrutiny of legislation.Ministers can block appointments of officials as witnesses, such as May who blocked the head of MI5. Governments do not need to act on recommendations. Resources are limited. The PM appears twice a year to the liaison committee, has the chairs of all the select committees.
They can also submit oral and written questions to department ministers.
Debates can also be used, and can end on government defeats- for example on Syria in 2013. The opposition parties are allowed 20 days a session to choose debates, but little gets done.
Backbenchers business committee has scheduled debates on topics the government has not chosen, on cross party basis. With some exceptions, for example forcing the release on Hillsborough, they gain little attention. The government detainees how much time is allowed for debates