Relations between Branches Flashcards
Roles of the Supreme Court
To act as the highest court in England, Wales and Northern Ireland. (Not Scotland)(also hear criminal case appeals in those countries.)
To hear appeals on issues of public importance.
To hear appeals from civil cases in E, W, NI and S.
When and in what Act was it established?
Constitutional Reform Act 2005.
(Established in October 2009)
Name 3 key things that the act that created the SC did.
- separate the legislature and the judiciary.
- Aimed to ensure more independent appointments by removing the Lord Chancellor/justice sec as Head of the Judiciary.
- Established the Independent Judicial Appointments commission.
Describe the number of justices and the appointments process.
Consists of 12 members.
Most senior judge is designated the president.
When vacancy occurs, nominations are made to the JAC.
Justice sec can veto this but never does.
Appointment confirmed by PM and Monarch.
They retire at 75 or 70 if appointed before 1995
Current composition of the court
All members are white
2 are women
2 didn’t go to private school
2 didn’t go to Oxbridge.
Bad descriptive representation but is substantive more important?
Judicial neutrality Definition
Judges should reach decisions on the basis of the law alone and should not be politically active or motivated
showing no bias.
Judicial Activism/Restraint Definition
Something the court is accused of if they make a controversial ruling or restraint if they fail to act.
Judicial Review Definition
The review of ministers’ actions to ensure that they conform to the law.
They can be deemed unlawful if they are ultra vires
Judicial Independence Definition
Judges should not be influenced or effected by the opinions of Parliament or the Executive.
Ultra Vires Definition
When a minister is acting beyond their powers.
Rule of law Definition
1 of the 2 pillars of the UK constitution.
Principle that the law should rule and that no individual is above the law, even ministers.
Upholds limited gov and pillars of liberal democracy.
How is the Supreme Court independent and Neutral? (7)
Independent Appointments process
Contempt of Court Rules
Independently Set salaries - Gov cant hold money over their heads.
Limitations on political activity
trying to make the court more diverse.
HRA - codified and clear
Lord chancellor is bound by oath to judicial independence
How is the Supreme Court NOT independent and Neutral? (4)
Privileged composition - Judges tend to want to protect the status quo.
“Stale, male and pale” very undiverse - only 4% of high court judges are BAME.
Justice Sec can block nominees if they wish
High profile involvement of Gov in cases, dragged into politics often, Eg Gina Miller, - Johnson calling them ‘lefty lawyers’ activism etc.
Human Rights Act - describe - also what year?
1998
Encorporated the ECHR into UK Law
Codified part of Const.
Made it possible for the SC to issue a ‘declaration of incompatibility’
If they believe an act of parliament conflicted with HRA.
Parliament can still ignore SC but it would be controversial.
Difference between UK and US supreme court?
UK court has to wait until something is brought to them, they can not choose to review something.
Reactive not proactive
What do they make appointments based on?
Merit.
this means it is largely an undiverse selection as the system is scewed.
Details of Miller v Secretary of State for Exiting the European Union (Miller 1) and date?
2017.
May assumed in 2016 that triggering article 50 was part of her Prerogative powers.
However, she faced a challenge that believed only parliament could take the UK out of the EU
Needed consent of parliament, May argued she had the power through popular sov after referendum
R (Evans) v Attorney-General date? -
What act was it appealed on?
Black Spider Memos - 2015.
Appealed based on the Freedom of Information Act 2000.
Black Spider Memos -
Explain in detail
Who sided with the Gov and who sided with the Journalist.
Final reasoning?
Gov said there was public interest in keeping the letters private as he is the future king and this may affect his rep.
An information Commission sided with the Gov. Information Tribunal, sided with the Journalist.
Attorney General- argued that the i_nfo wasn’t necessary to release_ and said ministers could overturn the tribunal(Clause 53 of Freedom of Info Act.)
Majority of the SC ruled in favour of the journalist because of rule of law, Ministers can not overturn judiciary, they must be held to account.
Details of A v Secretary of State for the Home Department
date?
Who was it decided by?
Who was A?
Describe the details of the case - (wait for the Gov’s argument and Decision on next Flashcard)
The Belmarsh Case (2004) - Decided by the Lords, before SC
Brought by a number of foreign nationals who were being held indefinitely in Belmarsh Prison as suspected terrorists.
However they had not been charged or convicted of anything. Government holding them using special powers granted by Anti Terrorism Act 2001.
Could not send them home as they might be tortured and right to be free from torture is an un-suspendable article in HRA.
Belmarsh Case
Gov argument
what did the lords have to decide on
Final Lords decision
Gov argued because of article 15 (suspending rights in times of emergency or war) they could suspend certain rights eg right to liberty.
Lords had to decide whether the conditions of the rights being suspended where met.
Lords decided the criteria was not met, because British suspects were not treated in the same way.
They went against Parli Sov but HRA part of EU law and convention which Britain is a part of and its codified and therefore higher law.
Difference between EU convention and charter?
Convention (ECHA) - is a treaty, HRA. We are still part of this despite leaving the EU.
Charter - EU Law, we are no longer a part of this.
However, the convention has now become statute law in the UK meaning it is more easily changeable and gov can suspend more rights.
Details of R (Miller) v The Prime Minister
date?
Who ruled in what way originally and what did they say?
Miller 2. 2019 -
Divisional court decided they could not rule on the case as it would be a political issue.
Miller II
What acts were in play?
SC decision and reasoning
Decided the Exec had unlawfully prorogued parliament as they had given false reasons to the queen, acting Ultra Vires.
SC said it was unlawful because the prorogation was unusually long, at a crucial time and stops parli from carrying out their constitutional functions.
The SC are not deciding whether the reasons for prorogation were good enough but whether there was enough reasoning for it.
The Gov had given no reasoning as they never expected anyone to challenge them.
Aims of the EU (5)
Promote peace
Offer freedom security and justice to its citizens
Offer a highly competitive market economy with employment, social progress and environmental protection
Establish an economic union in which the currency is the euro.
Combat discrimination by promoting a diversity of cultures.
How many countries in the EU? (post brexit)
27
Origins of the EU (4 key dates/points)
European Economic Community (EEC) set up by the Treaty of Rome in 1957. Aimed for pooled sovereignty and to have a greater political influence as a group.
Maastricht Treaty 1992 - created EU, EU citizenship and free movement created + common foreign and security policy.
Treaty of Nice 2000 - increased scope of qualified majority voting.
2002: Euro comes into circulation. Overall Aim: “Peace prosperity and liberal democracy.”
