4.1 The Supreme Court and the legislative and policy-making processes Flashcards
When was the Supreme Court opened in the UK? How was is established?
October 2009. It was established by the Constitutional Reform Act of 2005 but did not begin work until the premises chosen for it had been prepare.
Why was the Supreme Court opened?
It was designed to end the fusion of powers at the highest level of the UK judiciary. Previously the most senior judgers - the ‘law lords’ - had sat as members of the House of Lords, and were known as the Appellate Committee of the Lords.
- It was to create greater transparency, and to bring the UK into line with most other Western countries.
Other than the Supreme Court, what other changes did the Constitutional Reform Act of 2005 make?
It changed the role of the lord chancellor, whose historic office had combined three functions:
- Cabinet minister, who supervised the legal system
- Chairman of settings of the House of Lords
- Head of the judiciary, who appointed other judges
The Act removed the last two of these responsibilities from the lord chancellor
Who now chairs the Lords after the Constitutional Reform Act of 2005?
The lord speaker, who is chosen by their fellow peers.
How are judges selected now?
By an independent Judicial Appointments Commission.
- Applicants must have held high judicial office for at least 2 years
The UK does not have a unified…
legal system.
- There are three systems: one for England Wales, one for Scotland and one for NI
The Supreme Court is the only…
UK-wide court.
What does the Supreme Court act as?
A final court of appeal for rulings made by lower courts and the final court of appeal for criminal cases in England, Wales and Northern Ireland, and for civil cases across the whole of the UK.
Where else, other than legal cases, do the Supreme Court hear appeals on?
Arguable points of law where matters of wider public and constitutional importance are involved.
Until the UK left the EU, the Supreme Court had a responsibility to…
interpret law passed by the EU.
Where do the Supreme Court make rulings, relating to devolution?
On cases where the devolved authorities in the UK may not have acted within their powers.
How many members does the Supreme Court consist of?
12 - although cases are always heard by odd number of justices so that a majority verdict can be reached. In most cases five or possibly nine justices take part; reflecting the importance of the issue.
How many justices took part in the 2016-17 review of the High Court ruling that parliament rather than the government should initiate the UK’s exit from the European Union.
11.
The most senior figure of the SC is designated…
as the president.
Who is the current president of the Supreme Court?
Lord Reed.
What has the Supreme Court been criticised for?
Having almost all white male justices - The Times used the phrase ‘pale, male and stale’.
How do judges become Supreme Court judges?
- SC judges will usually have to have served as a senior judge for two years, or been a qualified lawyer for at least 15 years.
- The original members were the former law lords, who moved from the House of Lords to their new premises
- When there are vacancies, nominations are made by an independent five-member Select Commission
- The lord chancellor either rejects the person put forward, although they cannot reject names repeatedly
What 2 principles do the judicial system in the UK rest on?
Judicial Neutrality.
Judicial Independence.
Define judicial neutrality
The principle that judges should not be influenced by their personal political opinions and should remain outside of party politics.
How does the code of conduct of the Supreme Court safeguard impartiality?
1) Conflicts of interest - judges must refuse to sit in a case involving a family member, friend or professional associate.
2) Public activities - judges may write and give lectures as part of their function of educating the public but they must avoid political activity.
Additionally, the court’s website carries full details of its decisions, and the reasoning behind them, allowing for greater public scrutiny.
Why is the narrowness of the court’s composition in terms of gender, social and educational background a real concern?
Reinforces a long-standing anxiety about the senior judiciary as a whole - that it contains a disproportionate number of white, privately educated males.
Define judicial independence.
The principle that judges should not be influenced by other branches of government, particularly the executive.
Why is judicial independence vital?
Because the court be called on to administer justice in cases where there is a conflict between the state and an individual citizen.
People must know that they will receive impartial justice and judges need to be confident that they can make a decision without fear that their career prospects will suffer.
What built-in guarantees of independence does the UK judiciary have?
Terms of employment - judges can’t be removed from office unless they break the law
- Security of tenure - only limit on judges’ service is an official retirement age of 70
Pay - judges’ salaries are paid automatically from an independent budget known as the Consolidated fund, without possibility of manipulation by ministers
Appointment - the Judicial Appointments Commission and the Selection Commission for the Supreme Court are transparent in their procedure and free from political intervention
Also - Supreme Court physically separate from parliament
