British Judiciary: The Role Of The Supreme Court And Its Impact On Government, Legislature And Policy Process Flashcards
What was the three reasons the UK Supreme Court was established?
Concerns about incomplete separation of powers, widespread criticism about the appointments system of Law Lords and confusion by the public about the role, status and work of Law Lords
In which regions would the UK Supreme Court act as a final court of appeal?
England, Wales and Northern Ireland
Where would the UK Supreme Court hear appeals from civil case from?
Scotland
In which type of cases would the UK Supreme Court hear appeals from?
In cases where there is uncertainty and thereby clarify the meaning of the law
What were the three ‘strands’ in the rule of law that A. V. Dicey wrote about?
No one can be punished without trial, no one is above the law and all are subjects to the same justice, the general principles of the Constitution result from the decision of judges
What is an example of ‘no one can be punished without trial’ not being maintained?
Since 2001 terrorists suspects have been subject to a range of punishments without trial including indefinite detention
What is an example of ‘no one is above the law’ not being maintained?
The monarch, international ambassadors and MPs (under ‘parliamentary privilege’)
What does the rule of law require all judges to have?
A high level of independence and dispense justices with a degree of neutrality
What are the Six pillars of Judicial independence in the UK?
Security of tenure, guaranteed salaries, contempt of court, a growing separation of powers, independent appointment system and training and experience
What are the four main ways in which judicial impartiality is achieved?
Anonymity, political activity, legal justification of judgements, high-level training
What are the two key threats to judiciary impartiality that critics of the judiciary have often pointed out?
The narrow recruiting pool have often narrowed their life experiences from many of those brought before them and senior judges have been drawn into more openly political conflicts in recent years