4.1 The Supreme Court Flashcards
- Role and Composition - Key operating principles, judicial independence and judicial neutrality - Interaction with Parliament and the Executive - Ultra Vires - Judicial review
Define Civil Law and give examples of the courts that deal with it
Private law. Rules largely regarding the relations between individuals in society
e.g. Court of Appeal, The High Court, County Court
These courts hear appeals from lower courts, wither questioning the outcome of cases or in order to clarify a difficult point of law
The Courts of Appeal, Civil and Criminal Divisions
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
The High court
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
The Supreme Court
Define Criminal law and give examples of the courts that deal with it
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
Pre 2009 what was the Lord Chancellor apart of?
- Legislature
- Executive
- Judiciary
What did the Constitutional Reform Act 2005 do?
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
List 2 functions of the Supreme Court
- Final court of appeal in the UK
- Clarify the meaning of law
When was the Supreme Court established?
2009, after the 2005 Constitutional Reform Act
What does ‘doctrine of precedent’ mean?
If they allow something in law, it is applied to all courts/cases below
What is membership of judges determined by?
The Five Member Independent Selection Commission (England, Wales, Scotland, NI, President of the SC)
What is the appointment process to become a member of the court?
- Meet basic judicial requirements and nominate themselves.
- The Five Member Independent Selection Commission select nominees.
(England, Wales, Scotland, NI, president of Supreme Court) - Once selected, they are sent to Lord Chancellor who can reject 1 nomination.
- Sent to PM.
- Signed by Monarch.
What is judicial independence?
Members of judiciary should retain independence for any political party, gov, or political movement
What is Security of Tenure?
They cannot be removed from office unless they have broken the law. Retirement age usually 70
How are judges appointed?
By the JAC (judicial appointments committee)
What is a consolidated fund?
Judges pay is from a fund that is independent
What does contempt of court mean?
MPs cannot comment on cases in public
How is the separation of power maintained? (3)
- Security of Tenure
- Independent appointment process
- Consolidated fund
Define judicial neutrality
The expectation that judges will act without any personal bias
How is judicial neutrality ensured?
- Conflict of interest
- Public activities (avoid political activities)
- Transparency
What does ‘conflict of interest’ mean?
Judges must refuse to sit cases involving personal connections
How is transparency maintained?
- Visitors welcome to attend
- All decisions and reasons behind them are published online
Define ‘subjudice’
Parliament cannot express an opinion on the case
What is the Supreme Courts’ important constitutional/political functions?
- 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.
What does ‘ultra vires’ mean?
Acting beyond powers - acting beyond government authority
What does ‘declaration of incompatibility’ mean?
Declaration issued ruling that the statue is incompatible with the ECHR
What is judicial activism?
Interfering too much with the government
What does it mean to say the Supreme Court is a ‘final court of appeal’?
They only deal with most significant matters
What does it mean to say Parliament is sovereign?
Can overrule judges decisions by passing new legislation
