4.1 The Supreme Court

Question 1

Define Civil Law and give examples of the courts that deal with it

Answer 1

Private law. Rules largely regarding the relations between individuals in society
e.g. Court of Appeal, The High Court, County Court

Question 2

These courts hear appeals from lower courts, wither questioning the outcome of cases or in order to clarify a difficult point of law

Answer 2

The Courts of Appeal, Civil and Criminal Divisions

Question 3

This is a collection of courts dealing with civil law disputes (not criminal), such as family law, negligence cases, reviews of government decisions and, occasionally constitutional issues

Answer 3

The High court

Question 4

This is the highest court in the UK. It only hears appeals from lower courts (usually the High Court or the Court of Appeal). It mainly deals with interpretations of the law, which will apply widely in society

Answer 4

The Supreme Court

Question 5

Define Criminal law and give examples of the courts that deal with it

Answer 5

Public law, providing standards of conduct for society and dealing with those who break those standards
e.g. Court of Appeal, Crown Court, Magistrates’ Court - deals with 98% of all criminal offences

Question 6

Pre 2009 what was the Lord Chancellor apart of?

Answer 6

• Legislature
• Executive
• Judiciary

Question 7

What did the Constitutional Reform Act 2005 do?

Answer 7

Established a Supreme Court to separate judicial and legislative branches of government. Highest judicial authority previously in House of Lords, Law Lords. Appointments to be by impartial Judicial Appointment Committee

Question 8

List 2 functions of the Supreme Court

Answer 8

• Final court of appeal in the UK
• Clarify the meaning of law

Question 9

When was the Supreme Court established?

Answer 9

2009, after the 2005 Constitutional Reform Act

Question 10

What does ‘doctrine of precedent’ mean?

Answer 10

If they allow something in law, it is applied to all courts/cases below

Question 11

What is membership of judges determined by?

Answer 11

The Five Member Independent Selection Commission (England, Wales, Scotland, NI, President of the SC)

Question 12

What is the appointment process to become a member of the court?

Answer 12

1. Meet basic judicial requirements and nominate themselves.
2. The Five Member Independent Selection Commission select nominees.
   (England, Wales, Scotland, NI, president of Supreme Court)
3. Once selected, they are sent to Lord Chancellor who can reject 1 nomination.
4. Sent to PM.
5. Signed by Monarch.

Question 13

What is judicial independence?

Answer 13

Members of judiciary should retain independence for any political party, gov, or political movement

Question 14

What is Security of Tenure?

Answer 14

They cannot be removed from office unless they have broken the law. Retirement age usually 70

Question 15

How are judges appointed?

Answer 15

By the JAC (judicial appointments committee)

Question 16

What is a consolidated fund?

Answer 16

Judges pay is from a fund that is independent

Question 17

What does contempt of court mean?

Answer 17

MPs cannot comment on cases in public

Question 18

How is the separation of power maintained? (3)

Answer 18

1. Security of Tenure
2. Independent appointment process
3. Consolidated fund

Question 19

Define judicial neutrality

Answer 19

The expectation that judges will act without any personal bias

Question 20

How is judicial neutrality ensured?

Answer 20

• Conflict of interest
• Public activities (avoid political activities)
• Transparency

Question 21

What does ‘conflict of interest’ mean?

Answer 21

Judges must refuse to sit cases involving personal connections

Question 22

How is transparency maintained?

Answer 22

• Visitors welcome to attend
• All decisions and reasons behind them are published online

Question 23

Define ‘subjudice’

Answer 23

Parliament cannot express an opinion on the case

Question 24

What is the Supreme Courts’ important constitutional/political functions?

Answer 24

• Determining meaning of law.
• Final court of appeal for judgements made in lower courts.
• Final court of appeal for criminal cases (England, Wales, NI) and civil cases (whole of UK).
• Defining where sovereignty is located.
• Rules whether devolved bodies have acted outside powers.
• Defining if gov has acted ‘ultra vires’.
• Defining if the gov has acted in defiance to the human rights act.

Question 25

What does ‘ultra vires’ mean?

Answer 25

Acting beyond powers - acting beyond government authority

Question 26

What does ‘declaration of incompatibility’ mean?

Answer 26

Declaration issued ruling that the statue is incompatible with the ECHR

Question 27

What is judicial activism?

Answer 27

Interfering too much with the government

Question 28

What does it mean to say the Supreme Court is a ‘final court of appeal’?

Answer 28

They only deal with most significant matters

Question 29

What does it mean to say Parliament is sovereign?

Answer 29

Can overrule judges decisions by passing new legislation