4.1- the supreme court

Question 1

what % of justices are Oxbridge educated?

Answer 1

9/12

Question 2

give an example of when the Supreme Court became politically involved.

Answer 2

2016 Gina Miller case, the Supreme Court
- ruled that the prime minister didn’t have the right to trigger Article 50 without parliament

Question 3

give a recent example of the Supreme Court ruling against government legislation.

Answer 3

The Supreme court unanimously ruled that the Rwanda Bill was unlawful as Rwanda was unsafe
- in response, the government has begun to draft a bill that categories Rwanda as a safe country
- when the law was originally introduced, suella braverman said she recognised that the bill would likley conflict with the HRA but she wanted to proceed anyway

Question 4

what did Lady Hale comment about Supreme Court appointments in 2015?

Answer 4

Since her appointment, of the 13 appointments, all were male, white, all (bar 2) privately educated, and all (bar 2) went to Oxbridge

Question 5

What power does the Lord Chancellor (the justice secretary) have over SC nominations?

Answer 5

1 rejection, 1 request to reconsider

Question 6

How can it be argued that the SC effectively challenges the government?

Answer 6

• they can make declarations of incompatibility, parliament usually does repond to these - HRA makes this possiblel
• it can declare government action “ultra vieres”
• they are independent therefore outside of government influence

Question 7

How can it be argued that the SC is ineffective at challenging the government?

Answer 7

• cannot strike down legislation
• Parliament is sovereign and, therefore, can amend the HRA
• while the court may be independent they are not neutral (conservative bias)
• the court is limited to appeals
• increasing media attention

Question 8

When was the SC created?

Answer 8

under the 2005 constitutional reform act, actually created in 2009

Question 9

who currently put candidates forward for S.C. nomination?

Answer 9

the independent judicial appointments commision

Question 10

what is the argument that the supreme court undermines parliamentary sovereignty? how is this countered?

Answer 10

• declarations of incompatibiluty and the HRA
  HOWEVER
• can be removed by an act of parliament
• cannot strike down legislation

Question 10

how is judicial neutrality upheald?

Answer 10

• arent allowed to campaign for parties or pressure groups
• judges have to base each desision in law and provide full explainations
• cases are televised on youtube and transcrips are published

Question 11

prior to the constitutional reform act what were the 3 roles of lord chancellor?

Answer 11

• cabinte minister who oversaw the legal system
• head of judiciary
• Speaker in the house of lords

Question 12

what proportion of the supreme court are male?

Answer 12

10/12 are male

Question 13

give an example of when the supreme court ruled government had acted ‘ultra vieres’.

Answer 13

in 2019 ruled that boris johnosns porogation of parliament was unlawful
- critics argued that the porogation was used to avoid parliamentary scrutiny of the no deal brexit
- supreme court ruled the porogation undermined parliamentary sovereignty

Question 14

how was judicial neutrality been questioned?

Answer 14

• composition
• role in brexit (article 50 and porogation)

Question 15

give an example of when the lack of female representation was significant.

Answer 15

the case of radmacher vs granatino:
- in the case of a prenuptual agreement, the case upheald that claims made in the event of divorse should be limited
- lady hale was the only onethat voted against the ruling arguing that the precedent would mostly disadvantage women and that it should be left to parliament rather than an unreprsentative SC

Question 16

how is judicial independence protected?

Answer 16

• security of tenure (official retirement age of 70)
• juctices are immune from legal action arising from comments made in court
• pay is automatic
• high pay so less likely to be influenced by financial incentives
• independent appointment
• physicial seperation

Question 17

How does parliament show respect for the human rights act?

Answer 17

• parliament has a joint committee on human rights used to scrutinse legislation and its compliance with the HRA

Question 18

give an example of when the Supreme Court made a ruling on the balance of powers between westminster and devolved bodies.

Answer 18

• the first indpendence referendum was legislated for and agreed upon by parliament
• the scottish government argued that under the scotland act they could legislate for a second referendum as it wasnt reserved for uk parliament
• 2022: the supreme court ruled that the scotland act did not give the scotish govt this power

Question 19

give an example of when the supreme court upheald the right of uk citizens against government.

Answer 19

black spider memos case 2015
- rob evans argued the government had to release memos recieved by then prince charles under the FOI act
- govt argued they were sensitive documents
- SC ruled that govt had to release the documents

Question 20

what are the arguments that the sc has too much political power power?

Answer 20

• has a quasi legislative function able to limit legislation and government
• recent cases such as scottish independence and brexit have made the sc increasingly high profile and political
• HRA results in courts considering the merit of legislation rather than just if it is effectively implemented

Question 21

what are the arguments that the sc has not become increasingly politicised

Answer 21

• appointment process, security of tenure and physical seperation help ensure poltical idnependence
• cannot strike down legislation
• conflict between the sc and govt are not due to the court expanding its power, instead due to government increasingly acting ultra vieres
• in many cases the sc has upheald the power of government

Question 22

give an example of a declaration of incompatibility that was respected by parliament/ govt?

Answer 22

• 2001 crime and security act- declared incompatible with the ECHR
• it had empowered the secretary of state to detain without trial foreign nationals that were suspected terrorists
• prevention of terrorism act 2005 (Pushed through parliament in 17 days)

Question 23

What are the issues with the appointment commission

Answer 23

• includes 2 juctices- they are appointing in their own image
• the lord chancellor appoints members of the commission
• lord chancellor has one veto and can request the commision reconsider

Question 24

what was the media headline after the miller 1 case?

Answer 24

enemies of the people

Question 25

give an example of legislation that sought to limit the power of the courts.

Answer 25

the judicial review and courts bill 2021
- introduced ouster clauses- prevents judicial review challenges
- the court has the power to suspend quashing orders (secondary legislation) to allow it to be ammended
- removed cart judicial review (judicial review of the upper tribunal)