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Government of the UK > Judiciary > Flashcards

Judiciary Flashcards

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1
Q

What is the Supreme Court?

A

The final court of appeal in the UK for civil cases and criminal cases.

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2
Q

What is Judicial Independence?

A

The concept that the judiciary should be independent from the other branches of government.

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3
Q

What is separation of powers?

A

Having specific and separate powers and functions between the three functions of governance.

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4
Q

What is Ultra Vires?

A

An act meaning ‘beyond one’s powers’

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5
Q

What is a judicial review?

A

A process in which actions are subject to review by the judiciary.

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6
Q

How long has the supreme court existed?

A

Since 2009.

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7
Q

What existed before the Supreme Court.

A

The law lords.

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8
Q

What did the 2005 Constitutional reform act do?

A

Reduce the power of the lord chancellor, put the most senior judicial appointments in the hands of the judicial appointments commission.

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9
Q

Why was the constitutional reform act 2005 important?

A

It aimed to increase separation of powers.

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10
Q

What is the order of the judicial system, from least to most important?

A

Magistrates’ court, Tribunals, Crown and County Court, High Court, Court of Appeal, Supreme Court.

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11
Q

What cases do the Supreme court deal with?

A

Appeals from court of appeal, and sometimes the high court.

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12
Q

What are the qualifying characteristics of the supreme court?

A

Has a senior courts qualification, an advocate in Scotland, or member of the bar in NI.

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13
Q

What are the first 3 stages of appointment to the Supreme Court?

A

A vacancy arises, A five member selection commission is convened to consider nominees, the report is submitted to the lord chancellor, who’s in charge of identifying candidates.

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14
Q

What are the final 3 stages of appointment to the supreme court?

A

The lord chancellor either confirms or rejects the candidacy, the PM recommends the candidate to the king, the appointment is confirmed.

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15
Q

How many supreme court justices are female?

A

10/12.

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16
Q

Why is there a time lag for diversity on the supreme court?

A

It requires many years of training/experience.

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17
Q

Why was the supreme court established?

A

Concerns over incomplete separation of powers, criticism of the system of how law lords were appointed, confusion among general public.

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18
Q

What are the functions of the supreme court?

A

Acts as the final court of appeal in England, Wales and Northern Ireland. Hear appeals in cases where there is uncertainty.

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19
Q

What are the doctrines which underpin the UK constitution?

A

Rule of Law, Judicial independence and impartiality.

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20
Q

What are the three strands of the rule of law?

A

No one can be punished without trial, no one is above the law, the principles of the constitution result from the decisions of judges.

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21
Q

What is judicial independence?

A

The principle that those in the judiciary should be free from political control, which allows them to do the right thing.

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22
Q

What is judicial impartiality?

A

Judges operating without personal bias in their administration of justice, without personal beliefs clouding judgement.

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23
Q

What are the ways in which judicial independence are maintained?

A

Security of Tenure, Guaranteed Salaries, Contempt of Court, Growing separation of powers, Independent appointments system, Training and experience.

24
Q

What is security of tenure?

A

Judges are appointed for an open ended term, until the mandatory retirement age.

25
Q

What is contempt of court?

A

The media, ministers, and the public are prevented from speaking out during ongoing proceedings.

26
Q

How does a growing separation of powers enhance Judicial independence?

A

The lord chancellor post has been downgraded, and physical separation of buildings enhances separation.

27
Q

What are the ways in which judicial impartiality is maintained?

A

Anonymity, Political activity, Legal justifications of judgements, high level training.

28
Q

How does anonymity enhance judicial impartiality?

A

Judges operate away from the public eye, and don’t speak out on issues of law. They shouldn’t have to defend their rulings openly.

29
Q

How does political activity enhance judicial impartiality?

A

They shouldn’t campaign on behalf of a political party, or a pressure group.

30
Q

How does Legal justification of judgement enhance judicial impartiality?

A

Senior judges are expected to explain how their decisions are rooted in law, rather than personal beliefs.

31
Q

How has the supreme court become more political?

A

It drew senior judges into the political fray, UK courts were able to suspend acts of parliament which contradicted EU law, there is more scrutiny of senior judges, politicians have openly criticised rulings.

32
Q

How has the supreme court not become more political?

A

The creation of the JAC enhanced transparency. Downgrading of Lord chancellor post meant more independence. Increased conflict with government.

33
Q

What did the European Communities Act 1972 involve?

A

The UK government were able to be called to account at the European Court of Justice.

34
Q

What did the ECHR allow citizens to do?

A

Pursue cases under the ECHR through UK courts.

35
Q

What are the ways in which the judiciary has had a greater impact on the executive?

A

Constitutional reform act 2005, Physical separation of parliament and the supreme court building, HRA empowered the most senior judges to question acts of parliament.

36
Q

What are the ways in which the judiciary hasn’t had a greater impact on the executive?

A

Constitutional relationship between SC and Gov hasn’t changed. Parliament doesn’t have to obligate with SC rulings. Government are still doing more unconstitutional things. Brexit diminished the ability of the SC to impact the operation of the executive.

37
Q

In what way was the Daily Mail headline justified?

A

Ensures accountability of judges.

38
Q

In what way was the Daily Mail headline unjustified?

A

Attacks judges as people, not as people following the law. Threatens anonymity of judges.

39
Q

Why didn’t Brexit have an impact on the Human Rights Act?

A

The ECHR isn’t controlled by the EU, but was established by the council of Europe.

40
Q

How does Brexit impact the work of the supreme court?

A

A proportion of the court’s caseload up to 2021 was EU law, which could be seen as enhancing the status and authority of the Supreme court.

41
Q

Why is the ECHR different to the ECJ?

A

The ECHR was established by the council of Europe, the ECJ was established by the EU.

42
Q

Why has the supreme court had to be more political?

A

As it has had to make more political rulings on human rights breaches and Brexit.

43
Q

What are the powers of the Supreme court limited to?

A

A more independent, less opaque appointments process, clearer separation of powers.

44
Q

Why was the prolonging of parliament seen as a watershed moment?

A

The ruling was seen as political and personal, not legal. It was seen as going against parliamentary sovereignty.

45
Q

What is Quasi-Legislative power?

A

The impact of differences in the supreme court’s interpretations over time can appear tantamount to a legislative change.

46
Q

What is R v Horncastle?

A

A hearsay evidence case, which could be used as a basis for convention.

47
Q

What is Al Rawi v The Security Service?

A

A secret hearings case, which outlawed the use of secret evidence by intelligence in court.

48
Q

What is Treasury v Ahmed?

A

A case where the government wanted to freeze a man’s assets, as they thought he was a terrorist, but they didn’t have legal power to do this.

49
Q

What was Prest v Petrodel resources?

A

A case which established that property belonging to a company should be seen as separate from property belonging to individuals.

50
Q

What was R v Secretary of state for transport?

A

A case which established that EU directives didn’t have to consult more widely over HS2 funding.

51
Q

What was R v ministry of Justice?

A

A case which established that the ECHR couldn’t be used over the Suicide Act 1961, in cases of assisted suicide,

52
Q

What was R v The Prime Minister?

A

A case which stated that the use of royal prerogatives must always respect conventions of parliamentary sovereignty, and democratic accountability.

53
Q

What was Sutherland v Her Majesty’s advocate?

A

Sutherland was convicted for attempting to contact a 13 year old girl, but was actually talking to a 48 year old, and tried to sue for deception - the court rejected.

54
Q

What was Miller v EU Secretary?

A

Stated the UK government couldn’t trigger article 50 on its’ own, but needed parliament’s approval.

55
Q

What was Begum v Home Secretary?

A

A case in which the court ruled that Shamima Begum had a right to challenge the governments’ decision, and she should be permitted to return to the UK.

56
Q

What was the court’s 2023 ruling against the government?

A

The court ruled that the Rwanda Scheme was unlawful, due to poor past treatment of migrants of Rwanda.

Government of the UK (5 decks)

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