4.1 The Supreme Court and its implications for Govt Flashcards
What act created a completely made an independent highest court?
The Constitutional Reform Act
What is the Judiciary?
All of the judges and courts operating in the UK
What is Judicial Neutrality?
- judges should not be influenced by their personal political beliefs
- cannot sit on a case involving a family member
What is Judicial Indepedence?
The Judiciary must not be influenced by any other branches of government
Why is the judiciary a subordinate body to Parliament ?
Parliamentary sovereignty
What does omnicompetent mean in the context of the judiciary and Parliament?
Means it is all powerful and can pass any law it wants. The judiciary therefore has to uphold whatever Parl wants
How many judges sat on the case over whether Parliament or the governemnt should initiate leaving the EU?
11
What is the role of the Supreme Court?
Making sure the law is correctly applied through the process of judicial review.
What are the 3 roles of the Supreme Court?
- ensuring rule of law is applied
- interpretation of the law
- conducting judicial reviews
How does the Supreme Court uphold the rule of law?
Means that all citizens should be treated equally under the law. The Supreme Court overlooks courts beneath it to ensure it is the case.
How does the Supreme Court interpret the law?
Ultimately interprets how the law should be applied. Occurs when the meaning of statute or common law is not clear.
What is a judicial precedent?
When the Supreme Court declares an important point in one law and a declaration is made meaning all lower courts must follow it.
How does the Supreme Court conduct judicial reviews?
When citizens feel hard done by by their treatment from a public body. Usually happens from a member of the executive or when a local/regional government has acted ultra vires
What does ultra vires mean?
‘beyond their powers’, when an action is taken without the legal authority.
Why is it important for the Supreme Court to judge cases of ‘ultra vires’
Because of the nature of devolution, disputes between devolved bodies and Westminster have become more common.
How is independence in the judiciary maintained?
- security of tenure
- independent appoitments
- judicial pay
What is security of tenure?
Principle that judges cannot be removed from office on the grounds of the decisions they make. Only removed for personal corruption e.c.t.
What is judicial pay?
The salary of judges is made by an independent public body, so government cannot interfere with pay.
Arguments to suggest that the judiciary is truly independent and neutral?
Split it into neutral and independence. For example, the judicary is independent but not truly neutral
Arguments to suggest that the judiciary is truly independent and neutral?
Split it into neutral and independence. For example, the judicary is independent but not truly neutral
Why is the Supreme Court inferior to Parliament?
Parliament is omnicompetent meaning it is able to pass any law it wants. Justices must take into account what Parliament wants as they have the consent of the people.
What are the arguments to suggest that the Supreme Court has more power in establishing justice and rights over the executive?
- no political considerations in their claims
- qualified lawyers, so are rational
- they are unelected, so take a long term view
What are the arguments to suggest that the government has more power in establishing justice and rights over the supreme court?
- government is elected and accountable
- executive have a clear mandate to run the country
- government has overarching responsibility to protect its citizens
