Chapter7-The Supreme Court

Question 1

When was the Supreme Court established?

Answer 1

In October 2009 before the highest court of appeal in the UK comprised the 12 law lords who sat in the appellate committee of the House of Lords.
Uk Supreme Court was established under the constitutional reform act 2005

Question 2

What concerns was the establishment of the Supreme Court to?

Answer 2

• concerns over the incomplete separation or partial fusion of powers present in the UK system; specifically the position of the lord chancellor and the presence of the law lords in the upper chamber of the legislature
• criticisms of the opaque system under which senior judges such as the law lords were appointed
• confusion over the work of the law lords- widespread failure to understand Distinction between HoL legislative and judicial functions

Question 3

What is the constitutional reform act ?

Answer 3

The CRA reduced the power of the lord chancellor and placed most senior judicial appointments into the hands of a new independent judicial appointments commission
- it was hoped that this change would enhance the separation of powers and result in a senior judiciary that was more socially representative of the broader population. The act also provided for the creation of the Supreme Court

Question 4

What functions does the Supreme Court perform?

Answer 4

• to act as the final court of appeal in England, Wales and Northern Ireland and head civic cases in Scotland
• to clarify the meaning of the law by hearing appeals in cases where there is uncertainty

Question 5

How does the nomination and confirmation process work of a Supreme Court justice?

Answer 5

A vacancy arises
A five member selection commission is convened to consider possible nominees and make a ‘selection’ based on merit
The commission submits a report to the lord chancellor identifying a nominee
Lord chancellor can reject or require commission to reconsider its selection
Accepts the selection by notifying the PM
Once notified the PM must recommend the candidate to the queen
Appointment confirmed once the monarch has issued letters patent

Question 6

What are the requirements to become a Supreme Court justice?

Answer 6

Must have either held high office for at least 2 years or been a qualifying practitioner for a period of 15 years.

Question 7

What underpins the work of the Supreme Court and what are its three main strands?

Answer 7

Rule of law

1. No one can be punished without trial
2. No one is above the law and all are subject to the same justice
3. The general principles of the constitution result from the judges decisions rather than from parliamentary statute

Question 8

What is judicial independence?

Answer 8

• the principle that those in the judiciary are free from political control
• such independence allows judges to do the right thing and apply justice properly without fear of consequences

Question 9

What is judicial neutrality?

Answer 9

Where judges operate impartially without personal bias in their administration of justice
An essential requirement of the rule of law

Question 10

What six pillars is judicial independence based on ?

Answer 10

• Security of tenure enjoyed by judges, appointed for an open ended term
• guaranteed salaries paid from the consolidated funds
• The offence of contempt of court , under sub justice rules the media, ministers and other individuals are prevented from speaking out publicly during legal proceedings
• Growing separation of powers
• independent appointments system
• training and experience of senior judges

Question 11

How is judicial neutrality guaranteed?

Answer 11

The relative anonymity of senior judges

• restriction on political activity
• legal justifications of judgements
• high level training

Question 12

What are threats to judicial neutrality?

Answer 12

Comes from narrow recruiting pool- privately schooled, oxbridge educated, above middle age white men

Question 13

What is judicial review?

Answer 13

The process by which judges review the actions of public officials or public bodies in order to determine whether or not they have acted in a manner that is lawful

Question 14

What is ultra vires?

Answer 14

From the Latin meaning beyond the authority. The process of judicial review can be used to determine whether or no a minister or other government officer has acted ultra vires that is beyond the authority granted to them in law

Question 15

What is derogation!

Answer 15

A process by which a country is exempted perhaps temporarily from observing a law or regulation it has previously agreed to abide by.

Question 16

What is the extent of the supreme court’s power under the HRA?

Answer 16

• HRA can be amended, suspended(dedicated) in it’s entirety or in part or simply repealed like any act
• courts cannot strike down parliamentary statute under the HRA
• can make a declaration of incompatibility and invite parliament to reconsider the offending statute
• use the HRA to establish legal precedent in common law

Question 17

What four main areas are the UK Supreme Court’s powers limited to?

Answer 17

• revisiting and reviewing earlier legal precedent Established under common law and case made law
• making ultra vires rulings
• addressing disputes arising under EU law
• issuing declaration of incompatibility under HRA

Question 18

How might the Supreme Court be considered too powerful?

Answer 18

Quasi legislative powers- where the impact of differences in the supreme courts interpretations over time can appear tantamount to a legislative change even though parliament has made no change to statute law
Unelected nature of the Supreme Court

Question 19

What are the three sources of authority that have been identified?

Answer 19

• Traditional authority, based on established traditions and customs
• charismatic authority, based on the characteristics of leaders
• legal rational authority, granted by a formal process such as an election

Question 20

What factors have enhanced the Supreme Courts authority?

Answer 20

• A more independent and less opaque appointments process than that which applied to the law lords
• a clearer separation of powers accompanied by a clear physical separation between legislature and judiciary
• an ongoing process of demystification with public visits and intelligible website and enhanced coverage

Question 21

What is the European court of human rights?

Answer 21

Was established by the Council of Europe
It hears cases brought under the European convention on Human rights
- it is based in Strasbourg but is not an EU institution

Question 22

What has Brexit meant?

Answer 22

Decision to withdraw from the ECHR as well as the EU would obviously leave the UK Supreme Court in a greatly enhance position