Branches

Question 1

How many judges are on the UK Supreme Court?

Answer 1

12

Question 2

What is the role of the SC?

Answer 2

Set legal precedent known as stare decisis
Deciding where bodies act ultra vires
establishing where sovereignty lies
declaring when government violated ECHR

Question 3

When was SC established

Answer 3

Constitutional Reform Act 2005

Question 4

How is a judge appointed

Answer 4

Judge submits application
5 member selection commission reviews application
Chancellor can reject or accept it
PM asks Monarch to appoint

Question 5

What are judges expected to be

Answer 5

Independent and neutral

Question 6

What are the 6 pillars on independence

Answer 6

Security of tenure
Experience of judges
Contempt of court
Guaranteed salary
Seperation of powers
Independent appointment commission

Question 7

What are the principles of neutrality

Answer 7

Political neutrality
Anonymity
Legal justification

Question 8

What are the threats to independence

Answer 8

Government controls through justice ministry
PM can veto JAC appts
Pressure from media and politicians

Question 9

What is the social makeup of the SC?

Answer 9

11 of 12 studied at Oxford
All white
11 of 12 are male

Question 10

What happened with Justice Cantley? Does this prove or disprove neutrality?

Answer 10

1979:
Former Liberal leader Jeremy Thorpe accused of conspirinfg to murder Norman Scott.
Justice Cantley said that he didn’t relish the thought of sending a privy councillor to jail and Scott was a “crook”.
Against neutrality

Question 11

What happened with Justice Saunders? Does this prove or disprove neutrality?

Answer 11

Cameron accused Andy Caulson of lying over phone hacking in ‘News of the World’ affair in 2011.
Justice Saunders said his lack of regard for subjudice was unsatisfactory

Question 12

How does Abu Qatada v UK prove/disprove neutrality>

Answer 12

2012

Lord Hope said that evertone - despite how despicable they are - were entitled to human rights. Proves neutrality.

Question 13

How does Miller v Sec of State for Exiting EU prove/disprove neutrality

Answer 13

2017
Government wanted to leave EU through royal prerogative.
Supreme Court declared it must be throguh Parliament. Proves neutrality

Question 14

How does Al Rawi v Security Service prove/disprove independence?

Answer 14

2011
Former detainees of Guantanamo Bay claimed security service was responsible for their ill treatment.
Government said the evidence that may prove this cannot be released as it would breach national security.
SC ruled it should be published
For independence: will go against gov

Question 15

How does Begum v Home Secretary prove/disprove independence?

Answer 15

2021
Disproves independence
SC ruled that it was the Home Dept’s prerogative to withdraw her passport.

Question 16

How does UNISON v Lord Chancellor prove/disprove neutrality?

Answer 16

2017
UNISON claimed employment tribunal fees were unlawdful
SC ruled it risked denying justice to low income families.
For neutrality

Question 17

What happened in R v DWP?

Answer 17

2015
By requiring Reilly to work for a private company to receive her benefit payments, SC deemed DWP was ultra vires: DWP went beyond their authority granted to them.
BUT Parliament continued to violate this ruling by passing the Jobseekers (Back to Work Schemes) Act 2013 to retrospectively make its unlawful sanctions against benefits claimants legal

Question 18

What happened in R v Secretary of State for International Development?

Answer 18

2018
Civil Partnerships Act 2004 was incompatible with ECHR.
SC judges that heterosexual couples couldn’t obtain a civil partnership COMPROMISED article 4 (non discrimination) AND article 8 (private life)

Question 19

What happened in Abvu Qatada v UK 2012

Answer 19

ECHR ruled UK could not deport Abu Qatada to Jordan because the evidence they would use against him in trial was obtained by torture
UK ignored this ruling, and sent him to Jordon on condition that evidence would not be used.
He was acquitted in Jordon.

Question 20

what happened in R v Chayton and Others

Answer 20

2010
Chayton tried to avoid a guilty verdict for false accounting of expenses with his Parliamentary privilege. SC ruled Parliamentary Privilege did not extend to this. Chayton acted dishonestly with a view to self gain.

Question 21

What happened in P v Cheshire West

Answer 21

2014
Human rights of a mentally handicapped man in state care was compromised.
Lady Hale judged right to personal liberty was compromised.

Question 22

Is SC influential?

Answer 22

+Final court of appeal
+ deals with most significant matters
+ declaration of incompatibility bring political pressure
+ increased judicial activism
+ independence makes them hard to control
- bound by laws passed by Parliament
- Cannot strike down laws
- Lack of independence limits influence of Parliamentary privilege?

Question 23

Is SC powerfly?

Answer 23

+ independence guaranteed
+ can interpeet law and effect how it is interpreted in future
+ can declare legislation incompatible with ECHR
+ can limit government power
- reactive not proactive
- Parliament is sovereign so can ignore SC
- ECHR override them

Question 24

Argument executive is sovereign

Answer 24

Executive has a majority, the whip system and controls agenda
Power is reinforced by Parliament Acts 1911, 1949 and Royal Prerogative

Question 25

Arguments Parl is sovereign

Answer 25

Ultimate authority that can legislate on any subject
Judges decisions are advisory
Parliament can abolish devolved assemblies
Now UK has left EU, more so