4. Relations between Branches (Judiciary) Paper 2

Question 1

Appointment Process of the Supreme Court

Answer 1

Justices of the Supreme Court are appointed to the court through the Judicial Appointments Commission (JAC).

The candidates are vetted through a selection committee that is commissioned by the order of the Lord Chancellor (Secretary of State for Justice)

Question 2

Independence

Answer 2

The supreme court is independent from the Government because its members do not sit within the legislature or the executive.

Question 3

Impartial

Answer 3

This is where the court is not bound to a party or a particular ideological perspective or belief.

Question 4

R (on the application of Miller) vs. Prime Minister 2019

Answer 4

The Supreme Court case that stated that the prorogation of parliament by Johnson was illegal because he had lied to the queen in order to gain the authorisation to prorogue parliament.

Question 5

R (on the application of Miller) vs. Secretary of State for Exiting the European Union 2017.

Answer 5

The Supreme Court stated that Parliament had to invoke Article 50 before the UK could progress any further with regards to Brexit.

Question 6

Peter & Hazelmary Bull vs. Martin Hall & Steve Preedy 2013

Answer 6

The Supreme Court ruled that the b&b owners (The Bulls) could not discriminate on the basis of religion and that this constituted direct discrimination because services were refused due to the sexual orientation of the couple.

Question 7

Creation of the Supreme Court

Answer 7

The Supreme Court was created through the Constitutional Reform Act of 2005 which created an “independent judiciary” which meant that the Law Lords were disbanded and the Supreme Court took its place.

Question 8

Begum vs. Secretary of State for the Home Department 2021

Answer 8

This case centred around the legality of the Home Secretary’s action to revoke the citizenship of Shamima Begum as a result of her allegiance to IS.

Question 9

What is judicial neutrality ?

Answer 9

The principle that judges should not be influenced by their personal political opinions and should remain outside of party politics.

Question 10

What is judicial independence ?

Answer 10

The principle that judges should not be influenced by other branches of government, particularly the Executive.

Question 11

What is judicial review ?

Answer 11

The power of the judiciary to review, and sometimes reverse, actions by other branches of government that breach the law or that are incompatible with the Human Rights Act.

Question 12

What is ultra vires ?

Answer 12

Literally ‘beyond the powers’. An action that is taken without legal
authority when it requires it.

Question 13

How many justices sit on the Supreme Court ?

Answer 13

12

Question 14

What date did the Supreme Court official start operating ?

Answer 14

1st October 2009

Question 15

To what extent can the Supreme Court rule on Human Rights ?

Answer 15

The Supreme Court can rule on Human Rights in the UK as a matter for a point of law, but they can be overruled by the ECtHR [European Court of Human Rights].

Question 16

In what ways can the Supreme Court influence the Executive ?

Answer 16

The supreme court can influence the executive by stating that actions taken by them whilst in office where illegal or where they have exceeded their powers through the principles of ‘ultra vires’.

Question 17

In what ways can the Supreme Court influence Parliament ?

Answer 17

The Supreme Court can influence parliament by striking down legislation, this is usually because it is not compatible with other pieces of current and active legislation and as a result should need amending before it can continue the parliamentary process of law-making.

Question 18

Provide one example of how the supreme court has influenced the Executive.

Answer 18

a) 2019 Prorogation of Parliament by Johnson was deemed unlawful by the Supreme Court and parliament had to reopen the next day [25/09/2019]. [See R (on app of Miller) vs Prime Minister 2019]

b) 2010, where the supreme court ruled that the government had not acted lawfully in regards to insisting that convicted sex offenders should be registered with the police for life. This breached the offenders’ human rights, so instead, they should be given the right to appeal against the registration after 15 years since leaving prison. [See R (on app of F) and Thompson vs. Secretary of State for the Home Department 2010]

Question 19

Provide one example of how the supreme court has influenced Parliament.

Answer 19

a) 2010, after the case of HM Treasury vs Ahmed. Parliament legislated around the ruling and created the Terrorist Asset-Freezing (Temporary Provisions) Act 2010.

b) 2023, after the case of R (on the app of AAA, HTN, RM, AS, SAA & ASM) vs Secretary of State for the Home Department 2023. The government legislated around the judgement by creating ‘Safety of Rwanda (Asylum and Immigration) Bill’.

Question 20

Provide one example of the judiciary conducting judicial review.

Answer 20

a) November 2013, the Court of Appeal upheld a legal challenge by five disabled people over the decision to abolish the Independent Living Allowance by the then Minister for Disabled People, Esther McVey. Whereby the decision was based unlawfully upon the proposals in a Government White Paper. [See Stuart Bracking & Ors vs. Secretary of State for Work and Pensions 2013]

Question 21

Provide one example where the government has been found to have acted in a way consistent with the principle of ‘ultra vires’.

Answer 21

a) 2016, a case where the Supreme Court considered the amendment to the Legal Aid Act to introduce a ‘residence test’ in 2012. It was found that the then Lord Chancellor Chris Grayling acted beyond his powers because “[it] would mean newly arrived refugees and their children would not be able to access vital legal support for family matters, health and housing.” [See R ( on app of PLP) vs Lord Chancellor 2016]