Judiciary Flashcards
Appointment Process of the Supreme Court
- Vacancy, 2. five member selection commission, 3, report identifying nominee, 4. Lord chancellor, 5. PM, 6. Monarch, 7. letters patent.
what was the 2005 constitutional reform act’s effect on the appointment process?
prior to it the monarch appointed senior judges based on advice from the PM and the Lord Chancellor.
Criticisms of the appointment process prior to 2009?
undermined the separation of powers, lacked transparency and led to an extremely undiverse bench.
who is the five member selection commission composed of?
President, Deputy President, Member of the JAC, member of the judicial appointment board for Scotland and a member of the Northern Irish judicial appointments commission.
The role of the Supreme court?
Acts as the highest court of appeal for all civil cases across the uk. The same for criminal case apart from in Scotland.
The Supreme courts Power?
Judicial review allows the SC to set precedent for common law, and decide when Government officials may have acted ultra vires.
Reilly vs secretary of state for work and pension(2016)
Reilly believed that having to work for a private company before it became possible for her to claim benefits was an infringement on article 4 of the ECHR(1999).
final ruling of Reilly vs secretary of state for work and pension?
THe court of Appeal ruled that the DWP had not established slavery however they had acted beyond their authority vested in them by Parliament under statute law.
