Impact of Supreme Court on Legislation: Role and Composition of the Supreme Court

Question 1

What is the rule of law?

Answer 1

1. Everyone is equal before the law.
2. Government is no more above the law than any individual citizen.
3. The UK as a liberal democracy requires a clear and unequivocal separation of power.

Question 2

Types of Court:

Answer 2

1. Lower courts such as crown and magistrate courts.
2. High Court and Court of Appeal.
3. Supreme Court.
4. 2&3 set legal precedents that can be referred to in subsequent cases.

Question 3

Supreme Court:

Answer 3

Established in 2009, the Supreme Court is the highest court of appeal in the UK. Its 12 justices comprise the most senior judges in the country and its judgements can carry great legal, constitutional and political significance.

Question 4

How do judges and the law interact?

Answer 4

1. Meaning and relevance of those laws have to be worked out by judges.
2. This is because it may not be certain how an Act of Parliament should be interpreted.

Question 5

What is case-law and judge-made law and how is it significant?

Answer 5

1. The way senior judges interpret Act of Parliament creates a legal precedent.
2. Judges are expected to follow in subsequent cases.
3. This provides the basis for British common law, decisions of senior judges in previous cases achieve the force of precedence.

Question 6

What is the final court of appeal in the UK?

Answer 6

1. Supreme Court.
2. Their judgements are of profound importance.
3. Important cases where the meaning of the law is uncertain are judged by the Supreme Court and the decision made must be followed in future cases.

Question 7

What existed before the Supreme Court?

Answer 7

1. 12 Law Lords delivered judgements in the Appellate Committee.
2. They were able to not only hear cases and debate legislation- rarely done in practice.
3. Most senior judges in the UK sat in the HoL breaches the ‘separation of powers.’

Question 8

How did the Constitutional Reform Act 2005 change the structure of the courts?

Answer 8

1. 12 most senior judges in the UK now sit in the Supreme Court called Justices of the Supreme Court.
2. Supreme Court’s work is more open to public scrutiny than the Appellate Committee.
3. Jurisdiction of the Supreme Court reaches across the UK.
4. It is the final court of appeal when there is a judicial review of how the government acted.
5. Authority to determine whether an issue is to be under the jurisdiction of Westminster or devolved bodies.

Question 9

How is membership determined?

Answer 9

1.Determined by a 5 member selection commission made up of the most senior judges in the UK.
2. Their nominations are then passed for approval to the justice secretary.
3. JS has one opportunity to reject a nomination.
4. Once agreed, the prime minister asks the monarch to make the appointment.

Question 10

Why is it important for the courts to be independent and neutral?

Answer 10

1. The rule of law depends on judges not being influenced by the government.
2. Decisions should be entirely based on the principles of justice.
3. Judgements should never be influenced by any social or political prejudice.