4.1 The Supreme Court Flashcards
the supreme court
the final court of appeal in the UK for all civil cases, as well as for criminal cases in England, Wales and Northern Ireland. As the most senior court in the land, it hears cases of the greatest public and constitutional importance.
what is the supreme court intended to act as?
act as the most senior court in the UK, hearing the cases of the greatest public interest and constitutional importance.
what does the supreme court focus on?
focuses on ensuring proper application of the law rather than determining guilt or innocence, serving as an appellate court for cases already heard in lower courts.
appellate court
one that hears appeals
how does it select the cases it hears?
It selectively hears cases deemed significant, prioritizing the maintenance of equal adherence to the law, even by government entities.
the main roles of the sc
□ To review and adjudicate whether or not a minister, the government or other important body (a school, a newspaper or the NHS) has followed proper procedure and establish what legal powers such bodies have, known as judicial review
□ To hear cases of the greatest public interest and constitutional importance
□ To hear appeals on arguable points of law, the judgements on which act as precedent for all future cases in other courts
□ Important interpretation of the law for example low courts may have been unable to make a judgement about the meaning of the law or the law has been interpreted differently by separate lower courts. The Supreme Court will examine parliament’s intention when it originally passed the law.
□ To act as the final court of appeal for all civil cases in the UK and all criminal cases from England, Wales and Northern Ireland
□ To provide transparency and promote public engagement with the judiciary
composition of the supreme court
- consists of 12 members known as Justices.
- Vacancies are filled through a strict process outlined in the Constitutional Reform Act 2005.
- New Justices are technically appointed by the monarch based on the recommendation of the PM, who must present a name from a Selection Commission as they (PM) are not permitted to make their own recommendation.
- This process aims to ensure candidates’ suitability and minimize political influence.
is the appointment process set out in law?
yes
how has the appointment process been adapted?
been adapted since it was introduced to ensure it is a fair and rigorous process that recognises the views and opinions of all areas in the UK
