Judicial Influence Og Vot Flashcards
What is the changing character of judicial action?
-judicial review may invoke review of appeal cases at ‘inferior courts’
-doctrine parliamentary sovereignty + statute law supremacy means judicial review seen as less significant than in US
-recently the judiciary has become more active
How does the judiciary impact the work of govt? (Yes)
-CRA 2005 enhanced judicial independence by reduction role LC + removed most senior judges from HOL
-clearer physical separation powers by relocating SC to Guildhall + allowed judges create public profile
-allowing cases under ECHR heard in UK courts, HRA 1998 empowered senior judges directly Q acts of parl + actions of working executive
How does the judiciary impact the work of govt? (No)
-relocation SC to Guildhall 2009 little to change legal constitutional relationship between judiciary, executive + parl
-although HRA govt’s judges right issue declaration of incompatibility where act violates ECHR, parl under ji legal obligation to fall in line with courts rulings
-senior judges power rule ministers acted beyond authority (ultra vires) they can’t use executives control of parl to pass legislation legitimising earlier actions
What is the judicial influence in Brexit?
-UK departure EU impacts state power + authority of SC
Brexit and the HRA?
-criticism of EU judges aimed at ECtHR which is not an EU institution
-leaving EU didn’t change relationship between ECtHR + SC as ECtHR higher + holds more power
-only way to remove from authority of ECtHR is to remove from ECHR
-this is unthinkable given most European states are current signatories
Brexit and the SC power under EU law?
-leaving EU result in withdrawing from treaty of Rome
-means RU law no longer takes precedent over UK law + ECJ cannot making rulings that impact UK
What is the impact of leaving the EU of the work of SC?
-reduced case load of SC as large proportion cases regarded EU law
-School no longer tasked enforcing EU law under UK law
-raised status of SC as now highest court
-professor Bogdanor — our courts have become constitutional courts that enforce EU law + leaving leaves gap in constitution that could be filled by judges making decisions in SC
What is the evolution of the SC?
-willingness SC intervene + hear cases arising from Johnson’s decisions prorogue parl marked watershed moment of evolution
-SC greater political impact + it in media more
-SC developing away role portrayed under CRA of enhancing separation powers + highest court
What is the overall impact of the SC?
-little has changed in rulings SC + HL made
-rulings grounded in law regardless political opinions
-prorogation parl ruling move towards greater authority of SC
-unelected nature of SC can allow for bias + uphold independence
What are the 3 sources of authority Max Weber identified?
-traditional authority — est traditions + customs
-charismatic authority — leaders personal characteristics
-legal-rational authority — result of formal process like an election
What is the growing authority of the SC?
-SC doesn’t have any more formal power than it did in HL
-may be greater media interest in decisions made in SC but don’t have charismatic authority as Boris Johnson
-are selected + not elected but process become more independent recently
