4.1 supreme court influence over legislature

Question 1

what act established the supreme court UK

Answer 1

constituional reform act 2005

opened in 2009

Question 2

how many judges are there

Answer 2

12

Question 3

how are judges selected?

Answer 3

an independent selection committee made up of 5 most senior judges in the country (not political appointmnets)

Question 4

what roles do the SC have

Answer 4

• set legal precidents that are used in subsequent cases (case law)
• interprets meaning of cannon law
• case law provides babes for common law
• judical review over gov
• declarations of incompatability
• ultra vires

Question 5

in what ways is the SC neutral

Answer 5

• judges cant be members of political parties
• judges appointed by independent committee not politicallly
• open natures of cases being open to public prejudge puts judges off having clear political bias

Question 6

in what ways is the SC not neutral

Answer 6

• narrow bakcgrounds of judges being white privatley educated males arguably means they will all have sympathise to parties that protect interests of them
  and bias againt wormen, poorer people and ethnic minoirites less likley to sympathise
• lady hoyle said since her appointment 13 male middle class privatley educated
• rise in judicial activism where in cases of civil liberties and huamn rights judges are openly criticising the

Question 7

how is the supreme court independent

Answer 7

• physical seperation
• salaries not determined by parlaiemtn but by independent salary commission
• senior judges can only be removed by both houses
• when court cases are being heard they are ‘sub-judice’ so government cannot comment on cases

Question 8

how is the supreme court independent

Answer 8

consitutional reform act 2005 combined the role of lord justice and justice secutary and the justice secutary gives reccomednations as to who to appoint and can have power to withold it

Question 9

3 ways hat the supreme court can influence the legislature

Answer 9

• interpreting the meaning of law
• establishing if a public body has acted ultra vires
• declarations of incompatibility

Question 10

example of declaration of incompatibility

Answer 10

2010 the sc determined that the gov had acted against HRA when wants to make convicted sex offenders should be regesitered with police for life
instead suggested it should be for 15 years

Question 11

miller v secutary of state for leaving EU 2019

Answer 11

judgement 8-3
government rulled that the government cannot just leave the EU through royal perogative and instead must past an act of parliament to overturn the pervious act that entered the UK into the EU

significance; result of the referendum not legaly binding
shwoing independence of the court unafriad to challenge them

Question 12

al rawi v securtiy service

Answer 12

former detainees of guantanmo bay claimed british secret service shared responsibility for thier ill treatment
the british gov argues that evidence against ss shouldn’t be given in publci case due to national security

however they rules in favour of datinees due to principle of open and natural justice are essential features of common law

Question 13

belmarsh case 2014

Answer 13

• blair gov used powers from anti terrorism act 2001 to hold terror susbjects undefinatley without trial