Chapter 7- The Supreme Court Flashcards
What act established the Supreme Court
Constitutional Reform Act
What were some concerns about the previous judicial system
- Concerns over the incomplete separation of powers in the U.K. political system
- opaque system in which senior judges (law lords were appointed)
- confusion over the work of the law lords
Example over worries over the incomplete separation of powers in the U.K.
The position of the Lord Chancellor and presence of the law lords in the upper chamber of legislature
Why were people confused Ofer the work of the Law Lords
Failure to understand the distinction between the House of Lords legislative and judicial functions
What are 2 functions of the Supreme Court
- To act as the final court of appeal in the U.K.
2. To clarify the meaning of law, by hearing appeals in cases where there is uncertainty
How did judges used to be appointed to the Supreme Court
Made by the monarch on the advice of the PM and Lord Chancellor
The Lord Chancellor would also consult existing senior judges through a system known as ‘secret soundings’
What problems did people have with the old appointment system
Lacked transparency, undermined the separation of powers, and resulted in a lack of diversity in senior judges
What is the rule of law
Key doctrine of the U.K under which Justice is guaranteed to all.
What are three strand air the rule of law
No one can be punished without trial
No one is above the law and everyone is subject to the same justice
The general principles of the constitution result from judges decisions rather than from parliamentary statute
Why do some people question whether ‘no one can be punished without trial’
Terrorist suspects have been subject to a range of punishments without trial under measures passed since 2001
In December 2001, the UK Parliament approved the Anti-Terrorism, Crime and Security Act, which allows for the detention without trial of foreigners suspected of terrorism.
Why do some people question whether ‘ no one is above the law and everyone is subject to the same justice’
Always those who are above the law: monarch, foreign ambassadors and MPs.
A number of MPs even tried to use their parliamentary privilege as a way of ending legal proceedings taken against them over their expenses during the 2009 expenses scandal.
How is the absence of judicial independence a threat to judicial neutrality
the impartiality of judges is comprised is they are subject to external control
What is judicial independence
The principle that those in the judiciary should be free from external control
Why is judicial independence important
Allows judges to do what they perceive to be ‘the right thing’ without career consequences
What is judicial neutrality
Judges operate impartially in their administration of justice
One way that judicial independence is maintained
Security if tenure enjoyed by judges: judges are appointed for an open-ended term, limited only be the requirement that they retire by 75.
Therefore politicians cannot use their influence to threaten to sack or suspend them.
Another way that judicial independence is maintained
Independent appointment system: the (independent) Judicial Appointment commission (JCA) has brought greater transparency to the process of judicial appointments and addressed the concerns that previous appointments were open to political bias
One more way that judicial independence is maintained
The offence of contempt of court: under ‘sub judice’ rules, the media, ministers and other individuals are prevented from peaking publicly about an ongoing case
Ensures that justice is being administered fairly without pressure put in them by media or politicians
One way that judicial neutrality is maintained
High level training: highly trained profession, regulated by the Law Society. Today, SC justices must have either held high judicial office for 2 years or been a qualifying practitioner for 15 years.
Elevation to higher ranks reflects a be,if that they are able to put aside any personal bias in their administration of justice
Another way that judicial neutrality is maintained
Legal justification of judgements:
Judges are expected to offer an explanation of how their decisions are rooted in law. This means that judges cannot be guided by personal bias. SC decisions are highly publicised
What is one threat to judicial neutrality
Senior judges traditionally drawn from a narrow circle of privately schooled, oxbridge educated, white men.
How can judges truly be neutral when their own experiences are completely different from those in front of them
What law has enhanced the independence of the judiciary
The HRA
Why do people say that rulings under the HRA have given the judiciary greater independence
The Supreme Court feels emboldened to disagree with the executive on gov. Policy
Example of this (HRA GOV POLICY)
Under article 8 of the HRA (right to a family life), judges have a made a series of rulings that overseas nationals should be allowed to stay in the U.K. because they have families resident in the country
