Chapter 8 - 1/10 - Background

Question 1

What is formal equality?

Answer 1

All citizens treated equally under the law.

Question 2

What is Regina v Jogee, 2016?

Answer 2

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.

Question 3

What is case law?

Answer 3

Interpretations by courts of how the law should be applied in particular types of cases. It is closely linked to judicial precedent.

Question 4

How can a judicial precedent be overturned?

Answer 4

By a judge in a higher court.

Question 5

What is common law?

Answer 5

Laws that have not been passed by Parliament but are declared by judges, and have developed solely by tradition.

Question 6

What are the 3 judge-made laws?

Answer 6

• Judicial precedent.
• Case law.
• Common law.

Question 7

Give 2 examples of common law.

Answer 7

• Murder

- Manslaughter

Question 8

What is judicial review?

Answer 8

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.

Question 9

What 2 democratic objectives does judicial review help to achieve?

Answer 9

• Ensuring government does not overstep its powers.

- Assert the rights of citizens.

Question 10

Roughly how many cases of judicial review are heard a year?

Answer 10

4000, with 1/3 successful and leading to a change in a decision.

Question 11

When was the Macpherson Inquiry?

Answer 11

1999

Question 12

What was the Macpherson Inquiry?

Answer 12

A public inquiry into the police handling of the case of the murder of black teenage Stephen Lawrence.

Question 13

What 2 reason are there for judges often being called on to conduct public inquiries into matters of public concern?

Answer 13

• Their experience as judges makes them suited to handling such issues.
• They are independent of government and can be seen to be politically neutral.

Question 14

When was the Constitutional Reform Act passed?

Answer 14

2005

Question 15

What was the central feature of the Constitutional Reform Act?

Answer 15

The creation of the Supreme Court.

Question 16

When did the Supreme Court become active?

Answer 16

2009

Question 17

Before 2009, what was the highest court in the UK?

Answer 17

The House of Lords, meaning the judiciary was also a part of the legislature.

Question 18

How did the system work before the creation of the Supreme Court?

Answer 18

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.

Question 19

Who was the head of the Law Lords?

Answer 19

The Lord Chancellor.

Question 20

What were the roles of the Lord Chancellor before 2009?

Answer 20

• 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.

Question 21

What happened to the Lord Chancellor after the passage of the Constitutional Reform Act?

Answer 21

They were no longer the head of the UK judiciary. This role went to the non-political Lord Chief Justice.

Question 22

Who is the head of the UK judiciary now that the Constitutional Reform Act has come into force?

Answer 22

The Lord Chief Justice, replacing the Lord Chancellor.

Question 23

What is the role of Lord Chancellor now?

Answer 23

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.

Question 24

How many Justices of the Supreme Court are there?

Answer 24

12

Question 25

When a vacancy arises on the Supreme Court, what happens?

Answer 25

A Selection Committee is established consisting of senior law officers and they recommend a candidate to the Lord Chancellor.

Question 26

Who is the current President of the Supreme Court?

Answer 26

Lord Reed, since January 2020.

Question 27

How can a Supreme Court Justice be removed?

Answer 27

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.

Question 28

How is the independence to the Supreme Court protected?

Answer 28

• 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.

Question 29

What are the possible reasons for the Supreme Court deciding to hear a case?

Answer 29

• It may create an important legal precedent.
• It may be of great public interest.
• Key issue of human rights.

Question 30

What does ‘ultra vires’ mean?

Answer 30

‘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.