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)
Describe the Belmarsh case (2004)
The law lords declared that the 2001 anti-terrorism crime and security act introduced by Blair was discriminatory against foreigners
Law ____ became Supreme Court judges
Law lords
The Supreme Court is very _________
Accessible - public can visit
The Supreme Court only hears facts from the _____ _____ when deciding cases
Disputing parties - NO WITNESSES
The supreme court determines how the ___ should be applied
Law - ‘doctrine of precedent’ (other courts are bound by the SC’s rulings as they are the highest ranking court)
The SC is the final court of appeal for all lower courts in ______ , _______ and ______
England
Scotland
Wales
The SC rules on _______ issues
Devolution
The SC hears cases where matters of __________ importance are involved
Constitutional
What is common law
A body of unwritten law based on legal precedents established by the courts
Why are the judgements set by the SC especially important
They set a precedent
How many members are there in the SC
12 members
Membership to the SC is determined by what
A five number selection commission made up of the the most senior judges in the UK otherwise known as the JAC
The justice secretary can reject an appointment to the SC only _____ in his time in power
Once
Who is the current justice secretary/Lord chancellor
Dominic Raab
What are the two main principles of the SC
Judicial neutrality
Judicial independence
What is judicial neutrality
Should not be influenced by their personal political opinions and should remain outcast of party politics
What is judicial independence
Judges should not be influenced by other branches of govt particularly the exec
Why has the neutrality of the SC been questioned
- most SC judges were privately educated and attended Oxbridge leading to claims that they tend to favour the establishment
- 2 out of the 12 justices are female - gender bias
- the govt retains some influence over the appointment over SC justices - the JAC’s recommendations for new justices can be rejected by the justice secretary once - a member of the cabinet
- the involvement of the SC in cases concerning the govt risks it being pulled into major political disputes e.g. Gina Miller
The ____ ____ attacking the judiciary is an attack on their independence
Daily mail
Give an example of the daily mail attacking the SC
Gina Miller case - three SC judges branded ‘enemies of the people’ - - the present occupier of the post Liz Truss failed to defend the three senior judges slandered by the daily mail for their initial ruling against the government
Give evidence that the SC is independent
- the SC is physically separate from parliament (removed from possible parliamentary influence - less intimidated)
- judges may not be members of a political party (apolitical)
- governments can’t affect the salary of judges ( no fear of being underpaid)
- judges have security of tenure can’t be removed by govt (can make decisions with full confidence)
- law lords were removed from the HOL & placed in the SC
- appointments to the SC are made by the JAC and president of the SC - meaning the process is not political
- court cases and judgements are open to the public
- parliament can’t express an opinion on a case when its being heard
- recent cases suggest the SC is prepared to confront parliament & the exec - r (miller) v Secretary of State for exiting the EU (2017) + R v Chaytor & others (2010)
- willing to confront the govt in defence of human rights - Al Ravi & others v the security service and others (2011) + R on the application of UNISON v Lord Chancellor (2017)
- the principle of ‘sub judice’ prevents justices from being publicly pressured by politicians
Briefly describe the case of Al Rawi and others v the security service and others (2011)
Claimed that the appellants were complicit in their alleged detention, rendition and mistreatment by foreign authorities in various locations
Describe the basis of the case of R on the application of UNISON v Lord Chancellor (2017)
It held that fees for employment tribunals are unlawful because they impede access to justice, and defy the rule of law
Describe the case of R v Chaytor & others 2010
The case concerned the trials of three former Members of Parliament for false accounting in relation to the Parliamentary expenses scandal of 2009
Give evidence against judicial independence
- in 2011 concerns were raised by Lord Phillips about the possible effects of spending cuts on the court system as part of wider ‘austerity’ politics
- in 2017 the SC was heavily criticised by some ministers (backed up by the right-wing press) following the ruling that Article 50 must be triggered by parliament & not the govt possibly putting pressure on future decisions of judges
- 2019 SC rejected the conservs attempted prorogation and they were hurt by the ruling
Define ‘sub judice’
Under judicial consideration - meaning the case is prohibited from public discussion elsewhere
what was the public’s opinion of the SC after the Miller case in 2017
Widely appreciated in the public eye for their constitutional role - public importance is elevated
