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Government > 4.1 The Supreme Court and its implications for Govt > Flashcards

4.1 The Supreme Court and its implications for Govt Flashcards

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1
Q

What act created a completely made an independent highest court?

A

The Constitutional Reform Act

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2
Q

What is the Judiciary?

A

All of the judges and courts operating in the UK

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3
Q

What is Judicial Neutrality?

A
  • judges should not be influenced by their personal political beliefs
  • cannot sit on a case involving a family member
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4
Q

What is Judicial Indepedence?

A

The Judiciary must not be influenced by any other branches of government

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5
Q

Why is the judiciary a subordinate body to Parliament ?

A

Parliamentary sovereignty

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6
Q

What does omnicompetent mean in the context of the judiciary and Parliament?

A

Means it is all powerful and can pass any law it wants. The judiciary therefore has to uphold whatever Parl wants

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7
Q

How many judges sat on the case over whether Parliament or the governemnt should initiate leaving the EU?

A

11

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8
Q

What is the role of the Supreme Court?

A

Making sure the law is correctly applied through the process of judicial review.

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9
Q

What are the 3 roles of the Supreme Court?

A
  • ensuring rule of law is applied
  • interpretation of the law
  • conducting judicial reviews
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10
Q

How does the Supreme Court uphold the rule of law?

A

Means that all citizens should be treated equally under the law. The Supreme Court overlooks courts beneath it to ensure it is the case.

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11
Q

How does the Supreme Court interpret the law?

A

Ultimately interprets how the law should be applied. Occurs when the meaning of statute or common law is not clear.

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12
Q

What is a judicial precedent?

A

When the Supreme Court declares an important point in one law and a declaration is made meaning all lower courts must follow it.

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13
Q

How does the Supreme Court conduct judicial reviews?

A

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

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14
Q

What does ultra vires mean?

A

‘beyond their powers’, when an action is taken without the legal authority.

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15
Q

Why is it important for the Supreme Court to judge cases of ‘ultra vires’

A

Because of the nature of devolution, disputes between devolved bodies and Westminster have become more common.

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16
Q

How is independence in the judiciary maintained?

A
  • security of tenure
  • independent appoitments
  • judicial pay
17
Q

What is security of tenure?

A

Principle that judges cannot be removed from office on the grounds of the decisions they make. Only removed for personal corruption e.c.t.

18
Q

What is judicial pay?

A

The salary of judges is made by an independent public body, so government cannot interfere with pay.

19
Q

Arguments to suggest that the judiciary is truly independent and neutral?

A

Split it into neutral and independence. For example, the judicary is independent but not truly neutral

19
Q

Arguments to suggest that the judiciary is truly independent and neutral?

A

Split it into neutral and independence. For example, the judicary is independent but not truly neutral

20
Q

Why is the Supreme Court inferior to Parliament?

A

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.

21
Q

What are the arguments to suggest that the Supreme Court has more power in establishing justice and rights over the executive?

A
  • no political considerations in their claims
  • qualified lawyers, so are rational
  • they are unelected, so take a long term view
22
Q

What are the arguments to suggest that the government has more power in establishing justice and rights over the supreme court?

A
  • government is elected and accountable
  • executive have a clear mandate to run the country
  • government has overarching responsibility to protect its citizens

Government (17 decks)

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