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judiciary Flashcards

1
Q

what are the roles of the supreme court

A

-the uks final court of appeal
-appeals on cases of public significance
-defend rights and liberties of citizens
-interpret laws
-make common laws

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2
Q

how does the supreme court defend rights and liberties

A

-use the HRA 1998
-porotect EU laws
-judicial review

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3
Q

which act established the supreme court

A

2005 constitutional reform act

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4
Q

how does judicial review influence govt

A

can use it to overturn secondary legislation and declare laws as llegal, or incompatible with the HRA

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5
Q

ultra vires

A

when a individual acts beyond their powers

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6
Q

example of declration of incompatibility

A

Civil Partnership Act did not comply with ECHR as gay couples are allowed to marry or become civil partners but straight couples are not (June 2018)

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7
Q

how many judges make up the SC

A

12

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8
Q

what are the two key principles

A

independence and neutrality

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9
Q

who are they appointed by

A

JAC Judicial Appointments Commission

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10
Q

example of case heard by supreme court

A

2016-17, Gina Miller
,argued that the Prime Minister did not have the right to trigger Article 50 (the formal notice of Britain’s exit from the EU)
without the consultation of Parliament.
The Court found in Miller’s favour, and Parliament voted to trigger Article 50 in 2017.

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11
Q

judicial neautrality is sustained by

A

absence of any form of partisanship or political influence

judges can also not sit in any hearings regarding family members

rarely speak out to the public

base all decisions on the law

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12
Q

criticism of neautrality

A

all come from narow backgrounds so argued to have conservative bias

only two are not oxbridge educated

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13
Q

judicial independence

A

this is the principle that the actions and decisions of judges should not be influenced by pressure from other branches of government

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14
Q

how is judicial independence maintained

A

appointed by independent commision
security of tenure
payed independently not by government
physically seperate from govt and legislaturere

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14
Q

how is judicial independence maintained

A

appointed by independent commision
cant be sacked unless break the law
payed independently not by government
physically seperate from govt and legislaturere

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14
Q

how is judicial independence maintained

A

appointed by independent commision
cant be sacked unless break the law
payed independently not by government
physically seperate from govt and legislaturere

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15
Q

how are they appointed

A

JAC nominates justices which are appointed or rejected by Lord Chancellor
the appoitnmemtn is then confirmed by the monarch

16
Q

Lee vs Ashers Bakery

A

company refused same sex marriage themed cake
case taken to SCUK and was found in favour of the bakery (same sex marriage was illegal in Ireland in 2014 - 2020 was legalised)
taken to ECHR and dismissed.

17
Q

impact on govt

A

if finds govt action or bill conflicts with human rights will declare a declaration of incompatibility
the govt is expected to follow this but does not have to
E.G continued to deny the prisoners right to vote after the court ruled against it in 2005

18
Q

how does tyranny of the majority limit SC

A

soverignty allows them to overrule court decisions and pass legislation

19
Q

impact on legislature

A

independent physically (sep of powers) since 2009 so less direct influence

factor tame allows it to suspend statute law if it does not comply with EU law (pre-BREXIT?)

parliament is sovereign so can repeal/amend HRA 1998 if it wants to e.g conservative bill of rights

courts judicial review of the miller case strengthened parliament

20
Q

three impacts of the HRA

A

seeking justice in a British court
rights must be respected by public bodies
new laws are compatible with conventional rights

21
Q

how does HRA threaten power of justices

A

not entrenched/ can be repealed
not higher law
parliamentary sovereignty

22
Q

how has HRA made UKSC more powerful than law lords

A

it is difficult for govt to go against rulings
declaration of incompatibility

23
3 ways judiciary can expertise influence over govt
1- declaration of incompatibility with the HRA/ judicial review Tigere v Sec of State for Business, Innov and Skills 2015 but HRA not entrenched so parl can overrule this and pass new leg/ ignore HRA - Illegal Migration Bill 2023 2-declare govt minister ultra vires Reilly v Sec of state for work and pensions 2016 however govt decision what to do after 3-conduct a judicial review SC clarifies and interprets the law - porogration of parliament 2019 govt called a general election
24
tigere v sec of bus 2015
non uk born student denied access of student loan breaching her right to education
25
Reilly v sec of state for pensions 2016
not paying JSA to claimants who had not sufficiently participated in back to work scheme was deemed legally invalid and Sec of State had breached powers
26
progoration of parliament 2019
UKSC declared that the prerogative power of parliament to prorogue was justiciable and the ongoing power go prorogation was unlawful and void
27
impact of BREXIT on UKSC
no longer UK law overruled by EU law no higher court above SC if UK withdraw from ECHR it would make UKSC more vulnerable to govt control
28
what enhances authority of uKSC
more independent and less opaque appointment than Law Lords clearer separation of powers - seperate physical building enhanced media coverage and access to information
29
security of tenure
judges can't be removed unless the break the law immune from any legal action arising from any comments they make only limit on their service is an official retirement of 70
30
pay
paid automatically from an independent budget known as the consolidation funds they are paid well which means they are less pressured to make decisions from financial pressure (approx £250k)
31
sub juice rules
prevent MPs, ministers, and the. media from public speaking on ongoing legal procedures intended to prevent any media influence
32
Supreme Court and HRA
ensure all bills comply with HRA though ECHR and HRA are not legally superior to statute laws, the SC can declare bills incompatible to change them
33
arguments the SC has limited influence over exec/parl in relation to HRA
can declare incompatibility but have no legal power to compel parl to change the offending AoP the HRA could be repealed with one AoP
34
example of SC having no power to compel parl to change an offending AoP (illegal immigration bill)
introduced by home sec braverman with a section 19 note stating that the bill was incompatible with HRA but govt wanted to proceed nonetheless
35
argue how SC has significant power over exec/parl in relation to HRA
parliament has a joint committee on human rights to scrutinise bills and ensure they are compatible therefor demonstrating a persuasive influence
36
example of persuasive infleunce of HRA over parl (A v Sec of state for home department)
part of the anti crime and terrorism act 2001 was declared incompatible by permitting the detention of suspected terrorists in a way that discriminated the grounds of immigration and nationality status the prevention of terrorism act 2005 was amended as a result
37
2022 second referendum on Scottish independence case
unmodified nature of constitution makes it unclear as to who can legislate for an independence referendum the Supreme Court ruled that the Scotland act 1998 does not give Scottish parliament to unilaterally legislate for an indepence referendum, it is instead a reserved power for uk parl
38
arguments for the case that the SC has become politicised
power to interpret the law can be seen as a quasi-legislative power concern exacerbated due to the unelected and unrepresentative nature of the Supreme Court the court judges merit of legislation rather than simply ensuring it is implemented recent high profile cases - not as anonymous potentially due to SCA 05 means SC more visible as separate from parliament decisions of article 50 and prorogation cases interfered too much and limited the actions of a democratically elected government
39

uk politics (13 decks)

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