4.1 - The Supreme Court And The Legislative And Policy Making Processes

Question 1

What is the purpose of the Supreme Court

Answer 1

• designed to end the fusion of powers at the highest level of UK judiciary
• create greater-transparency, and bring the UK more into line with other western countries
• the intro of the Supreme Court also changed the role of the lord chancellor, with its only remaining function being cabinet minister, supervising the legal system

Question 2

How was the Supreme Court introduced to England, and what did it mainly change

Answer 2

• established by constitutional reform act 2005, opened in October 2009
• no longer the House of Lords in control, ended control of the ‘law lords’, known as the appellate committee of the HOL
• the countries highest court now independent of parliament
• changed role of lord of chancellor to only one of its previous 3 functions, being the cabinet minister and supervising the legal system
• Lords is chaired by the Lord speaker, chosen by peers, judges selected by an independent judicial appointment commission

Question 3

What is the role of the supreme court

Answer 3

• there are 3 separate systems. One for England + wales, Scotland, NI
• Supreme Court acts as a final court of appeal for rulings made by lower courts, as well as a final court of appeal for criminal cases, only apart from Scotland

Question 4

What is the composition of the Supreme Court?

Answer 4

• 12 members, although all cases are heard by an odd number for a majority to be reached
• most senior figure is the president, Lord reed from 2020, currently only 2 ladies, lady rose, lady simler

Question 5

How is a member of the Supreme Court nominated and appointed?

Answer 5

• a justice will usually have served for 2 Years, or be a qualified lawyer for last 15.
• when a vacancy occurs, nominations are made by an independent 5 member select commission, with the president and deputy president of the court, member of judicial appointments commission, member of an equal body for Scotland and NI.
• The lord chancellor either confirms, or rejects the nomination, appointment then confirmed by PM, then by monarch

Question 6

What are the key operating principles of the Supreme Court

Answer 6

• judicial neutrality: no personal bias
• no conflicts of interest: judges mustn’t be involved in a case involving family, friend, associate
• public activities: must avoid political activity

Question 7

How neutral is the Supreme Court

Answer 7

• of the 12 justices, only 2 women, only 1 in the case of Radmacher v Grantino (2010). The only women justice (Lady Hale) was only justice to dissent from majority verdict.
• majority of the justices were privately educated and went to Oxford or Cambridge (don’t know the problem with this that’s just woke)

Question 8

What is the definition of judicial independence

Answer 8

• principle that judges must be free from political interference. People must know they will receive impartial justice and judges need to be confident they can make a decision without fear their career prospects will suffer

Question 9

What are the terms of employment of a Supreme Court justice

Answer 9

• judges can’t be removed from office unless they break the law,money limit in service is an official retirement age which is 70, for those appointed since 1995, judges won’t be prosecuted for anything said (freedom of speech)
• paid from an independent budged known as consolidated fund

Question 10

What influence does the Supreme Court have on the executive and parliament

Answer 10

• Supreme Court interprets the human rights act from 1998.
• Supreme Court is limited, as it cannot strike down laws, and there isn’t a codified constitution.
• however it has judicial review