REL: The Supreme Court and its interactions with, and influence over, the legislative and policy-making processes.

Question 1

Parl is sovereign, what does this mean for the sc

Answer 1

the judiciary are subordinate to parl and cannot defy parliament
this is because parl is omnicompetent
the judges must enforce a law, even if they think the law is wrong
they can only pass opinion on a law and recommend change

Question 2

a role of sc

Answer 2

interpret the meaning of statute law - they look back and work out what parl intended to do
it is not up to judges to decide what is desirable, only what parl thinks is desirable
if judges make a ruling that parl does not approve of, parl can amend a statute or pass a new one

Question 3

to what extent does the supreme court influence the exec or parl? SMALL

Answer 3

small - because uk doesn’t have a codified constitution, the sc cant refer to a higher constitutional law when delivering its judgement. They can only recommend a change in a law or action. Parl is the higher body, instead of a constitution

Question 4

to what extent does the supreme court influence the exec or parl? SOMEWHAT BIG

Answer 4

the sc decide whether the gov has acted beyond its authority
or can declare that the gov has acted in defiance of the human rights act

Question 5

an example of when parliament overruled the supreme courts decision

Answer 5

TERRORIST FREEZING ACT 2010
in 2010 the sc ruled that the gov didnt have the power to freeze bank assets of suspected terrorists. PM GORDON BROWN was very angry but accepted the ruling TEMPORARILY

as a result a new statute was passed - the terrorist freezing act 2010 which granted power to the gov to freeze assets of suspected terrorists. This lead to problems like families not being able to feed their kids because they had no money - they were suspected not convicted

the sc couldn’t do anything about this and parliament prevailed

Question 6

what did the relationship between the exec and judiciary USED to be

Answer 6

until the 70s, members of the sc usually came from the same social class and political background (largely conservative)
the judiciary usually showed support for the state
judges were not expected to significantly challenge the exec’s authority
they saw themselves as servants rather than an equal partner

Question 7

how has the relationship between the exec and judiciary changed NOW

Answer 7

• there has been a growth in judicial review since the 70s eg ridge v baldwin and M v homeoffice
• a growth in liberal ideology including the growth in the ‘rights culture’
• more liberal minded senior judges have been appointed since the 90s
• the Human rights act 1998 gives the SC a codified statement which is a power to protect citizens from state power
• the constitutional reform act improved the independence of the judiciary
• become more of a counterbalance to exec power and are more willing to challenge

Question 8

ridge v baldwin

Answer 8

(heard in the house of lords)

The Brighton police authority dismissed its Chief Constable (Charles Ridge) without offering him an opportunity to defend his actions. The Chief Constable appealed, arguing that the Brighton Watch Committee (headed by George Baldwin) had acted unlawfully in terminating his appointment following criminal proceedings against him

The House of Lords held that Baldwin’s committee had violated the doctrine of natural justice (judicial precedent that had been set before)

Question 9

m v homeoffice

Answer 9

ask miss

Question 10

constitutional reform act 2005

Answer 10

designed to improve and guarantee the independence of the uk judiciary
established the uk supreme court in 2009 - before this the highest court was the house of lords which was also part of the legislature

Question 11

what is judicial review in the uk

Answer 11

if a citizen feels they have been mistreated by a public body there is an opportunity to seek judicial review by the courts - which will examine if the claims are justified

purpose - to establish wrongdoing or reverse the decision

Question 12

role of judicial review (democratically)

Answer 12

1 - ensure the gov does not overstep its powers eg terrorist freezing act 2010, Gina miller article 50,

2- assert the rights of citizens eg ridge v baldwin

Question 13

how have the judiciary been advantaged by recent constitutional events and acts

Answer 13

intro of HRA 98 meant that sc could review actions of the gov and public bodies which might contravene with the ECHR

the freedom of information act which gives citizens and courts to see a much wider range of official documents than before

these allowed for a larger scope of whether there had been injustice or rights had been abused

Question 14

numbers of judicial reviews

Answer 14

they increased after 1977 when the procedures for citizens who wanted to get one was simplified

it rose to a peak in 2013 when over 15,000 applications were made. but most of them were refused
now expected to settle to about 4000 per year with 1/3 successful in an overturn

Question 15

the gov is better at establishing rights and justice x 2

Answer 15

1 - gov is elected and accountable whereas the sc are neither
2 - gov can respond to public opinion

Question 16

the sc is better at establishing rights and justice x 2

Answer 16

1 - they are qualified lawyers who bring a totally rational bearing to questions
2 - they aren’t elected so judges van take long term views whilst politicians are concerned with their short term re-election prospects

Question 17

what is the biggest conflict between judges and parl

Answer 17

EUROPEAN CONVENTION OF HUMAN RIGHTS
- became part of law in 1998 in the HRA
if a parl statute conflicts with the ECHR, the law will still be able to stand but judges can make a declaration of incompatibility which states the specific conflicts
its then up to parl if it sticks to original intentions or they change it to make it compatible

Question 18

an example of when there was an incompatibility with the ECHR and parl gave in

Answer 18

BELMARSH CASE 2004
nine suspected terrorists had been held for several years without trial in Belmarsh prison and they appealed against the CRIME AND SECURITY ACT 2001

the law lords rules that the act was incompatible with the ECHR - the gov chose to agree and release the prisoners

parl replaced the act with controls which restricted suspected terrorists movements with the PREVENTION OF TERRORISM ACT 2005

parl didnt have to do this but needed to uphold its rep for respecting human rights

Question 19

example of when judicial review was against the executive

Answer 19

GINA MILLAR CASE
the gov claimed that it could begin the process of leaving the EU through royal prerogative
The SC decision of 8-3 said that the gov didnt have the authrotity to do this
…BECAUSE parl as a collective in 1972 had enacted legislation which put the uk into the EU so parl as a collective should enact legislation to remove the uk,

+more democratic
- removed certain rights from citizens which couldnt be done without parl consent

Question 20

strengths of the supreme court

Answer 20

• independence is guaranteed by law
• can declare proposed leg or executive actions that condtradict the ECHR which is very influential
• its judgements cant be overturned by a higher court since leaving the eu

Question 21

weaknesses of the supreme court

Answer 21

• cant activate cases and has to wait for appeals to come to them
• the sovereignty of parliament that its judgements can be overturned by a statute
• the european court of human rights can hear appeals from the court and overturn the decisions but its not binding

Question 22

how can the supreme court protect rights x4

Answer 22

1 - citizens who appeal that their rights have been abused, the sc will refer to the ECHR which is binding to the uk

2 - in cases of ultra vires appellants claim that a body has acted beyond their legal powers and the sc can reverse the decision or offer compensation

3- a claim that the rule of law hasn’t been applied in a case eg unequal treatment

4 - common law, court examines if a common law rights has been abused (judicial precedent)

Question 23

ultra vires

Answer 23

acted beyond their legal power

Question 24

an example of when a citizens rights were being abused by a public or legal body and the sc referred to the EConventionHR

Answer 24

R V METRAPOLITAN COMMISSIONER OF POLICE 2011
r questioned whether DNA and finger prints should be retained by the police and in the ECHR the meaning of privacy is declared

RESULT - the sc declared that records cannot be kept and should be destroyed

Question 25

an example of when the sc said that a parl statute shouldnt have been applied - baso said that it was dumb

Answer 25

REGINA V HUGES 2013
the victim was on drugs and driving erratically and drove on the other side of the road round a bend and hit into a defendants car. The victim died and the defendant was uninsured. He was charged with causing death by being uninsured.

RESULT- the sc said that the defendant hadn’t ‘caused’ death by being uninsured and that the cause was the victim driving erratically and should be just charged with driving without insurance - they looked at the specific wording of the parl statute

Question 26

example of when uk parl defied a decision made by the ECHR

Answer 26

VOTERS RIGHTS FOR PRISONERS 2015
1000 prisoners appealed against their ban on their right to vote
(seen in article 3 of the ECHR saying everyone has the right to a free election) the court accepted the appeal but the UK gov refused to comply with the ruling under parl sov

Question 27

en example of when the ECHR had an effect on uk law

Answer 27

Shireby v UK
a man who’s wife had died was denied the full ‘widow benefit’ and he claimed that he was discriminated under gender (seen in article 14 which is anti-discrimination on the grounds of sex is not allowed)
the appeal was won and the uk law was effectively changed

Question 28

what is the european court of human rights

Answer 28

they may be used if there is a breach in european convention
it is made up of different judges from european countries
they examine and interpret the meaning of conventions

Question 29

what are the court cases i need to know

Answer 29

R v Met police commissioner 2011- storing dna
regina v hughes 2013 - causing death by not having insurance
shireby v uk - article 14
prisoner voting rights 2015 - article 3
Belmarsh 2004 - prisoners, respecting rights
Terrorist freezing act - gov making new leg to defy sc