Chapter 8 - 1/10 - Background Flashcards
What is formal equality?
All citizens treated equally under the law.
What is Regina v Jogee, 2016?
Jogee was convicted of murder even though he had not killed anyone, he had convinced someone else to kill someone. There was a precedent known as ‘joint enterprise’ which allowed an accomplice to be found equally guilty to the murder, but Jogee appealed to the Supreme Court who overturned the precedent and Jogee’s sentence was reduced from 20 years to 12.
What is case law?
Interpretations by courts of how the law should be applied in particular types of cases. It is closely linked to judicial precedent.
How can a judicial precedent be overturned?
By a judge in a higher court.
What is common law?
Laws that have not been passed by Parliament but are declared by judges, and have developed solely by tradition.
What are the 3 judge-made laws?
- Judicial precedent.
- Case law.
- Common law.
Give 2 examples of common law.
- Murder
- Manslaughter
What is judicial review?
The process of the courts reviewing decisions by the state or any public body in relation to its citizens, and may result in the courts overturning the decision.
What 2 democratic objectives does judicial review help to achieve?
- Ensuring government does not overstep its powers.
- Assert the rights of citizens.
Roughly how many cases of judicial review are heard a year?
4000, with 1/3 successful and leading to a change in a decision.
When was the Macpherson Inquiry?
1999
What was the Macpherson Inquiry?
A public inquiry into the police handling of the case of the murder of black teenage Stephen Lawrence.
What 2 reason are there for judges often being called on to conduct public inquiries into matters of public concern?
- Their experience as judges makes them suited to handling such issues.
- They are independent of government and can be seen to be politically neutral.
When was the Constitutional Reform Act passed?
2005
What was the central feature of the Constitutional Reform Act?
The creation of the Supreme Court.
When did the Supreme Court become active?
2009
Before 2009, what was the highest court in the UK?
The House of Lords, meaning the judiciary was also a part of the legislature.
How did the system work before the creation of the Supreme Court?
There were 12 ‘Lords of Appeal in Ordinary’, commonly known as Law Lords, that sat in the Lords as neutral crossbenchers. When a case was referred to them it would normally be heard by a small group of about 5 Law Lords, not the whole House.
Who was the head of the Law Lords?
The Lord Chancellor.
What were the roles of the Lord Chancellor before 2009?
- They were Speaker of the House of Lords (part of the legislature).
- They were a member of cabinet, responsible for the UK legal system (part of the executive).
- They were head of the judiciary being the most senior judge in the UK.
As you can see, they were a part of all 3 branches of government, severely undermining their independence and neutrality.
What happened to the Lord Chancellor after the passage of the Constitutional Reform Act?
They were no longer the head of the UK judiciary. This role went to the non-political Lord Chief Justice.
Who is the head of the UK judiciary now that the Constitutional Reform Act has come into force?
The Lord Chief Justice, replacing the Lord Chancellor.
What is the role of Lord Chancellor now?
It still exists, and is combined with that of the justice secretary, so they still sit in cabinet but they are no longer an active member of the judiciary. Furthermore they are no longer a member of the House of Lords but taken from the Commons instead.
How many Justices of the Supreme Court are there?
12
When a vacancy arises on the Supreme Court, what happens?
A Selection Committee is established consisting of senior law officers and they recommend a candidate to the Lord Chancellor.
Who is the current President of the Supreme Court?
Lord Reed, since January 2020.
How can a Supreme Court Justice be removed?
Only by a vote in both Houses of Parliament and only for misconduct - it is not possible to vote them out for their rulings in cases.
How is the independence to the Supreme Court protected?
- It is not possible to remove a Justice for their decisions in cases, only misconduct.
- Their salaries are protected.
This gives them both security of tenure and salary.
What are the possible reasons for the Supreme Court deciding to hear a case?
- It may create an important legal precedent.
- It may be of great public interest.
- Key issue of human rights.
What does ‘ultra vires’ mean?
‘Ultra vires’ literally means ‘exceeding ones power’. When an action is ruled ‘ultra vires’ it means the individual or body has exceeded its legal power and the action will be reversed.
