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Politics Paper 2 > 4.1a Supreme Court > Flashcards

4.1a Supreme Court Flashcards

1
Q

6

Describe the role of the judiciary

A
  • Hear criminal/civil disputes
  • Interpret law - when meaning/application unclear
  • Establish case law - judges decide how law is applied in other cases (judicial precedent)
  • Make law by declaring common law - set judicial precedent
  • Judicial review
  • Hold public inquiries - recommend action to govt and Parliament
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2
Q

When judges declare common law, they set a…

A

judiical precedent

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3
Q

2

What is a judicial precedent?

A
  • Legal principle that when a court makes intepretation of law in specific case, should be applied in subsequent cases
  • Only a higher court can overturn judicial precedent
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4
Q

3

Describe the features of the Supreme Court

A
  • Final court of appeal for all civil cases in UK and all criminal cases in UK (bar Scotland)
  • Concentrates on cases of greatest public and constitutional interest
  • Hears arguable points of law - interpret statue law where not clear (common law)
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5
Q

4

Describe the role of the Supreme Court

A
  • Check govt through Judicial review
  • Determine whtehr public body has acted ‘ultra vires’ (beyond its authority)
  • Determine where sovereignty lies in the UK
  • Set judicial precedents
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6
Q

5

Describe the composition of the Supreme Court

A
  • 12 Justices in total
  • 1 Pres, 1 Deputy Pres + 10 other justices
  • Majority of court cases have 5 judges sitting
  • In matters of huge constitutional significance, up to 11 justices will sit
  • Current President - Lord Reed

Will always be odd number of justices (to avoid ties)

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7
Q

4

Describe the appointment process to the Supreme Court

A
  • Vacancy must occur
  • Appt based on experience and merit
  • Independent panel set up for each vacancy by unbiased and transparent Judiciary Appointments Committee (JAC)
  • Lord Chancellor uses royal preogative to approve nomination or ask panel to reconsider (matter of rubber staming)
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8
Q

4

Describe the selection committee for SC appointments

A
  • 5 person panel
  • Lord President of SC, a senior judge and 3 JAC representatives (from England and Wales, Scotland, NI)
  • at least 2 members of this panel must be non-lawyers
  • Selection committee must have at least 2 years judicial experience or 15 years experience practicising laws
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9
Q

5

Describe judicial neutrality

A
  • Principle that judges should be neutral and apolitical (cannot belong to political party)
  • Should not show bias to any sections of society
  • Judgement based purely on principles of law - no prejucies
  • Neutrality will uphold rule of law
  • ‘Security of Tenure’
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10
Q

3

Describe how SC judges are apolitical

A
  • Barrister/solictor may be member of party or pursue politicla career
  • Judge must abandon all political ambitions and associations once elected
  • Do not intefere in policy-making processes
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11
Q

4

Describe ‘security of tenure’

A
  • Effectively appt for life (until age 70 or 75 depending on when appt)
  • Cannot be dismissed on basis of their judgements
  • Cannot be dismissed by govt
  • Can’t remove judge unless consent given by both chambers (e.g. for breaching neutrality)
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12
Q

1

Describe judicial independence

A

Principle that judiciary should be free of political inteference and criticism, esp from executive

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13
Q

4

Why is judicial independence important?

A
  • Uphold rule of law without external influence
  • Hear matters of political importance where they must give neutral judgement
  • Protect rights of citizens without fear of retribution from govt
  • Check on executive power (judicial review)
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14
Q

4

How is judicial independence upheld?

A
  • Security of tenure
  • Salaries set by independent SSRB (Senior Salary Review Bodies) - cannot be manipulated by govt
  • Appt by independent commission
  • Duty of govt to protect SC judges from external criticism, esp in media

Criticism after Article 50 decision in 2019

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15
Q

3

Describe judicial review

A
  • Judges conduct review into government ministers to deem whether actions are ‘compatible’
  • Investigate whether government action/decisions are ‘ultra vires’ in SC case
  • Often pressure groups bring cases due to their cost
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16
Q

2

Describe the impact of judicial review

A
  • Ministers generally respect judicial review and make changes to law to satisfy SC ruling
  • Exert moral complusion on government to act
17
Q

2

How often does government win judicial review case?

A
  • Government regularly wins
  • e.g. in series of 2013 anti-HS2 judicial reviews, govt won 9/10
18
Q

3

How did the coalition government aim to reduce judicial review?

A
  • 2015
  • Aimed to reduce what it deemed to be ‘unmeritious’ claims
  • e.g. barred oral hearings for claims judges deemed to lack merit
19
Q

4

Describe the positives in Supreme Court membership diversity

A
  • ‘Secret soundings’ removed in 2005
  • Transparency of court cases (televised) would clearly show any prejudice in media
  • Lord Hale served as President of Supreme Court (2017-20) during constitutionally important brexit years
  • Nov 2023, Lady Simler, a Jew, became a justice
20
Q

3

Describe the removal of ‘secret soundings’

A
  • Prior to 2005, Lord Chancellor advised PM through ‘secret soundings’ of senior judges
  • Arguably led to perpetuation of socially elite judiciary membership
  • Judiciary Appointments Committee now selects SC judges on basis of merit, with diversity accounted for
21
Q

3

Describe the lack of diversity in the Supreme Court

A
  • Education - 11/12 justices studied at Oxbridge
  • Gender - only 2/12 justices are women
  • Ethnicity - have never been any black justices
22
Q

2

How does a lack of diveristy negatively affect SC rulings?

A
  • Rarefied experiences make them less suited to interpreting contemporary law that reflects whole of society
  • Radamacher v Granatino (2010)
23
Q

2

What are limits to the argument that a lack of negatively diveristy affects the SC

A
  • SC membership based on merit
  • JAC must ensure that judges do not show a bias to any sections of society
24
Q

2

Describe ‘sub justice’

A
  • Applies to any member of government or Parliament
  • expressing opinion on case while under consideration (‘sub justice’) is said to be in contempt of court
25
Q

3

Do justice secretaries need past legal experience?

A
  • No (e.g. Truss) but they often do
  • Truss claimed to have not understood independent nomination process upon taking office - dismissed JAC as beaurucratic quango
  • 4/11 Justice Secs since 2010 held little prior legal experience
26
Q

3

Describe media criticism of the SC

A
  • Eurosceptics attacked in-built liberal tendencies of SC during Brexit years
  • Heightened by Miller rulings
  • Left-wing media attack elite membership
27
Q

3

Describe ‘enemies of the people’

A
  • Daily Mail ran 2016 headline describing 3 High Court justices that ruled that Parliament would have to approve triggering Article 50 as ‘enemies of the people’
  • Justice Sec Truss criticsed for not sufficiently defending judges’ independence
  • James Slack, headline editor, served as No10 Director of Comms (2021)
28
Q

2

Evaluate the view that the Supreme Court operates with sufficient judicial independence

Combine with neutrality card

A
  • ‘Sub justice’ and ‘security of tenure’ restrict ministerial criticism vs growing willingness for ministers to criticise inceasingly active SC (e.g. Miller cases)
  • Constitutional Reform Act 2005 led to separation of powers vs Government retains some powers in selection process
29
Q

2

Evaluate the view that the Supreme Court operates with sufficient judicial neutrality

A
  • SC increasingly diverse vs SC lacks diversity
  • Practice political neutrality vs Media criticism from both political wings
30
Q

2

Describe an example of ‘ultra vires’

A
  • Chris Grayling (Justice Sec) amended Legal Aid Act using secondary legilsaiton to introduce ‘residence test’ in 2012
  • SC ruled Justice Sec acted ‘ultra vires’
31
Q

4

How have 2005 reforms limited the ability to deliver effective government?

A
  • Greater judicial independence has led to increased use of judicial review
  • Made ministers fearful of litigation
  • Slowed down decision-making
  • added costs to public projects (e.g. HS2)
32
Q

3

Evaluate the view that the SC exerts significant influence on the executive

A
  • Can effectively quash government actions by declaring ‘ultra vires’ vs Executive can circumvent rulings
  • Declare incompatibility on legislation effectively originating from executive vs Can only interpret cases brought before it - focus is on upholding rule of law (UNISON 2017)
  • Unaccountable yet have huge impact on policy-making vs judicial restraint - ruling limited to constitutional issues, not political ones (e.g. Budgets)
33
Q

The increasing judicial independence since 2005 has (…) the number of judicial reviews

A

increased

34
Q

3

Evaluate the view that the Supreme Court limits parliamentary soveriegnty

A
  • Challenge decisions of elected Parliament vs rebalanced power towards Parliament through judicial review (ultra vires)
  • Declarations of incomptability suggest higher form of judicial law vs upholds rule of law as legislated by Parliament over creeping Executive (UNISON)
  • Not neutral/independent compared with acountable Parliament vs increaisngly neutral/independent since 2005

Politics Paper 2 (22 decks)

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