Branches between institutions (the SC) Flashcards
Before 200_ the highest court in the UK was the house of _____ and the _______ was led by the lord chancellor ( a member of govt)
2005
Lords
Judiciary
Describe the features of the judiciary before 2005
HOL is highest UK court of appeal
Fusion of legislature and judiciary
Describe the features of the judiciary after 2005
SC is the highest court of appeal
Separate legislature & judiciary
Describe the role of the lord chancellor before 2005
- member of the govt
- appoints judges
- head of the judicial committee of the HOL
- speaker of the HOL
Describe the role of the lord chancellor after 2005
- member of the govt
- can’t appoint judges (may be biased & try to appoint judges who’s views align with his - SC operates on judicial neutrality
- no longer head of the judiciary (takes part in important appeal cases) - power given to the ministry of justice
- can’t be speaker of the HOL
The Supreme Court was established by what act but opened when?
Established by the 2005 constitutional reform act but opened officially in 2009
Why was the Supreme Court created
Created to bring an end to the fusion of powers at the highest level of the judiciary - the SC is independent of parliament so now the UK is in line with other western democracies
How are SC judges now chosen
By an independent judicial appointments commission
What are the four functions of the Supreme Court
- determining the meaning of the law by setting judicial precedents
- deciding if a public body has acted ‘ultra vires’
- establishing the location of sovereignty
- declaring when the govt has acted in contravention of the 1998 HRA
define ‘ultra vires’
Acting beyond ones legal authority/power
Give an example of the SC determining the meaning of the law by setting judicial precedents
R v Joyce
P v Cheshire west & Cheshire scandal
Describe the case of R v Joyce
Overturned the common law principle of ‘joint enterprise’ - whereby those who where part of a group which incited a murder could be convicted the same way as the murderer
Give an example of the SC deciding if a public body has acted ‘ultra vires’
Chris Grayling amending legal aid act (2016)
Describe the Chris Grayling case (2016)
Stated that when he was justice secretary Grayling had acted ‘ultra vires’ when amending the legal aid act to restrict civil legal aid to people who had lived continuously abroad for 12 months
Give an example of the SC establishing the location of sovereignty
Gina Miller case (2017)
Describe the R v Miller case (2017)
Contested govt for triggering article 50 to leave the EU without the consent of parliament - the SC ruled in Miller’s favour
Give an example of the SC deciding when the govt hard acted in contravention of the HRA 1998
The Belmarsh case (2004)