Comparing the independence of the supreme courts (UK) 4.6 Flashcards
what was a role which hindered judicial independence in the UK (pstt its a job)
Lord Chancellor
- head of the judiciary
- presiding officer of the House of Lords
- cabinet member.
how did the constitutional reform act change judicial independence for good
- Lord Chancellor’s judicial role => Lord Chief Justice.
- presiding officer of the Lords => Lord Speaker.
what is the role of the attorney general and solicitor general when it comes to judicial roles
- Attorney General = government’s top lawyer who gives legal advice and represents it in important legal cases.
- Solicitor General = Deputy to the Attorney General, assisting with legal advice and court representation.
how does the ‘appointment process’ differ in the UK than in the US
- less politicised
- justice secretary can reject recommendations but has not exercised this power.
Human Rights Act (1998)
- often declares government actions ultra vires and incompatible with the Act
- (Belmarsh vs UK case [ Indefinite detention of foreign nationals under the Anti-Terrorism, Crime and Security Act 2001 without trial] 2004 ).
when has UK supreme justices been criticised by the government
- 2013, Theresa May criticised judges for ignoring rules aimed at deporting more foreign criminals.
APPARENTLY: - subverting democracy
- ignoring Parliament’s wishes.
quote from theresa may about justices
‘essential for democracy that elected representatives, not judges, make the laws governing the country.’
when did Boris Johnson’s have a disagreement with the UK Supreme Court
2019, Boris Johnson disagreed with the Supreme Court’s ruling that his proroguing of Parliament was unlawful.
what did No.10 say about the supreme court and its view on Boris Prerogative
‘made a serious mistake by extending its reach to political matters and tying its reasons to Brexit disputes and timetable.’
