Impact of the UK Supreme Court Flashcards

1
Q

What Acts of Parliament allowed terrorist suspects to be

-held for indefinite detention at Belmarsh?

A

under the Anti-Terrorism Crime and Security Act 2001

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2
Q

How has the Appointments of the UKSC improved since the separation of powers?

A

it is significantly more independent and less opaque than the system under which Law Lords had appointed previously

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3
Q

Where is the UK Supreme Court?

A

London - In Middlesex Guildhall opposite the houses of parliament.

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4
Q

Has power changed since the separation of the law lords from the HOL?

A

The move has not been accompanied by any fundamental change in the roles or power of the court as the new Court has simply taken on the roles previously held by those Law Lords in the Appellate Committee in the HOL, HOWEVER the court has made significantly more rulings that impact the government. So perhaps the CULTURE has changed, if not the specific powers.

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5
Q

What evidence suggests that the higher levels of the UK judiciary have become more independent?

A

the increasing friction between the judiciary and the leading politicians. e.g. Boris proroguing Parliament.

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6
Q

What is the significance of physically separating the Law Lords out of Westminster? (3)

A

Giving the new Court its own building is likely to raise its profile, engender public interest and allow it to develop a distinct identity and character

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7
Q

How is it important that there is a lifting on the restrictions on television cameras in the UKSC?

A

This is likely to result in the emergence of a new relationship between the media and senior judges

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8
Q

How have there been changes in the way in which rulings are delivered?

A

The Courts website already carries downloadable texts of its rulings along with press summaries of many judgements

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9
Q

How is the fact that the Courts website carries downloadable texts of its rulings along with press summaries of many judgements , is important ?

A

this will allow for greater public scrutiny of the workings of the Court

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10
Q

Why can UK courts not declare parliamentary statutes unconstitutional?

A

this is because statute law is the supreme source of constitutional law in the UK

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11
Q

In the US what power does the US Supreme Court have that the UK courts cannot do?

A

US Supreme Court can void Acts of Congress whereas UKSC cannot declare parliamentary statutes unconstitutional

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12
Q

Although UK courts cannot declare parliamentary statutes unconstitutional, what can they do?

A

they can review the actions of government officials in order to decide whether or not they have acted unlawfully, ultra vires

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13
Q

Under what Act did the Uk incorporate the Treaty of rome 1957 into UK law ?

A

the European Communities Act 1972

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14
Q

What case was the first time UK Courts have been able to suspend Uk statutes that appear to be in violation of EU law?

A

the Factortame case 1990

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15
Q

What did the Factortame case 1990 illustrate?

A

This illustrated the first time that UK Courts have been able to suspend UK statutes that appear to be in violation of EU law

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16
Q

Who ruled in 1990 that UK Courts do have the power to suspend Acts of Parliament that appear to break EU law?

A

the ECJ

17
Q

Under the HRA 1998 what do UK courts now have the right to issue?

A

they have the right to issue a declaration of incompatibility where a parliamentary statute appears to violate rights set out in the HRA

18
Q

When do UK Courts under the HRA 1998 have the right to issue a declaration of incompatibility?

A

Where a parliamentary statute appears to violate the rights set out in the HRA

19
Q

What was the name of the Law that created the UK Supreme Court in 2009?

A

The law was passed 4 years earlier - The Constitutional reform act 2005.

20
Q

What did the UK Supreme Court replace?

A

The Law Lords (Judges who sat in the House of Lords and met a few times a week). This was broadly seen as a poor separation of power.

21
Q

How many judges sit on the UK Supreme Court?

A

12.

22
Q

Who is the current head of the UK Supreme Court?

A

Lord John Reed. (Lady Hale retired a few years back)

23
Q

List 2 cases that are useful case studies for the UK Supreme Court

A

Gina Miller Case, Proroguing parliament case, prenuptual agreements case, detention of terrorist suspects case.