Judiciary Facts

Question 1

What court(s) is above the UK’s Supreme Court ?

Answer 1

The European Court of Human Rights (ECHR) and the European Court of Justice (ECJ)

Question 2

What does the theory of the separation of powers say about the role of judges in relation to the legislature?

Answer 2

That those who make the law should not be the same as those who apply it. Although it is hard to tell where interpreting the law ends ad making it starts.

Question 3

What is an example of a public inquiry that a Supreme Court judge might chair?

Answer 3

The Leveson Inquiry (2012)

Question 4

How could the Supreme Court help protect citizens from the overreach of the state?

Answer 4

If a citizen is unhappy with treatment they have had from a public body, like the NHS or feel that their human rights have been violated, the courts can intervene.

Question 5

Why can the courts not strike down legislation?

Answer 5

Because of the principle of Parliamentary sovereignty.

Question 6

When was the UK’s Supreme Court opened and following which act?

Answer 6

2009, following the 2005 Constitutional Reform Act under Tony Blair.

Question 7

What proportion of how many judges were female in the Supreme Court in 2015?

Answer 7

1/12

Question 8

What did the Supreme Court declare about Jeremy Hunt in 2013?

Answer 8

They declared that the Health Secretary had acted Ultra Vires in closing down the Lewisham Hospital.

Question 9

What did the government do in 2012 that the Supreme Court ruled illegal?

Answer 9

The government’s cuts to solar panel subsidies

Question 10

What is the judicial review?

Answer 10

Where the Supreme Court can annul the actions of a public body, where it is found to be incompatible with current law.

Question 11

Why has the Supreme Court been criticised recently for ‘judicial activism’?

Answer 11

Because of their increased use of judicial review.

Question 12

What can the Supreme Court do to to public bodies?

Answer 12

They can make them compelled to do certain things, such as make a local council provide a level of education.

Question 13

How is judicial neutrality maintained?

Answer 13

• Relative anonymity of judges
• Restrictions on the political activities of judges
• Legal justification is required on their decisions
• They are trained to be neutral

Question 14

The Supreme Court has become more politicised recently, why is this?

Answer 14

Because they now upload hearings to the internet for anyone to view, like with the House of Commons etc, making the Supreme Court more transparent and accountable.

Question 15

What proportion of the current Supreme Court judges have expressed remain or link to people who “ “ “ views?

Answer 15

11/12

Question 16

The Freedom of Information Act 2001 gives access to the data of how many public bodies?

Answer 16

100,000

Question 17

How long are Supreme Court judges appointed for in the UK, and how is this different in the US?

Answer 17

In the UK they are appointed until they are 75, in the US they are appointed for life.

Question 18

At what time did the judiciary start to become active?

Answer 18

It was relatively inactive until the 1960’s.

Question 19

How many judicial review cases were there in 2005 and how many in 2015?

Answer 19

In 2005 there were 5,000 and in 2015 there were 15,700.

Question 20

What about the ECHR encourages judicial activism of the Supreme Court?

Answer 20

The ECHR is vague, leaving it open to interpretation.

Question 21

What are the 3 ground for judicial review?

Answer 21

• illegality
• irrationality
• procedural impropriety

Question 22

What Act can make public bodies that are incompatible with the ECHR illegal?

Answer 22

The Human Rights Act 1998.

Question 23

What is the ECHR?

Answer 23

The European Convention on Human Rights, a 1953 treaty designed to protect people’s rights.

Question 24

What does the UK Supreme Court base its decisions on?

Answer 24

The law, it interprets the law and does not rule on what it thinks is wrong or right, but what the law says.

Question 25

What did the Supreme Court rule about article 50?

Answer 25

They ruled that the government cannot independently execute Article 50 as it does not have the power to do so under its prerogative powers.

Question 26

What has reduced the Supreme Court’s sentencing power?

Answer 26

The government’s implementation of mandatory or minimum sentences for certain crimes.

Question 27

Why could all laws be considered judge made?

Answer 27

They could be considered judge made as the Supreme Court interprets all laws, and therefore it is up to them to decide the meaning of every law.

Question 28

What proportion of the Supreme Court is female as of January 2019?

Answer 28

3/12.

Question 29

Why is the attraction of being a Supreme Court judge not salary based?

Answer 29

Because it is the attraction of being in the top position of ones profession.