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
What form of represenation is this?
- 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
Judicial activism is where the court considers the societal implications of its decisions, whereas judicial restraint is where it is reluctant to act unless the action was clearly unconsitutional
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.
What is the Human Rights Act and when did it come into force?
- 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.
What do they make appointments based on?
- Merit.
- this means it is largely an undiverse selection as the system is skewed.
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 as its membership had introduced constitutional higher laws
- that could not be revoked implicitly, only explicitly by parliament.
What are the Black Spider Memos? What case do they involve?
- R (Evans) v Attorney General 2015
- Appealed based on the Freedom of Information Act 2000.
- Gov said there was public interest in keeping letters private between Charles and ministers as he is the future king and this may affect his rep.
- An information Commission sided with the Gov, but the Information Tribunal sided with the Journalist.
- The Attorney General argued that the info 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
The Belmarsh Case:
Who was it decided by?
What was the background of the case
- A v Secretary of State for the Home Department (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
What was the Gov argument?
What did the Lords decision depend upon?
- 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.
Difference between the European Convention on Human Rights and EU Charter of Fundamental Rights?
- 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?
Background - what did the lower/other courts say?
- Miller 2, Miller/Cherry - 2019
- Divisional court decided they could not rule on the case as it would be a political issue.
- Scottish Court of Session found it was illegal
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 frustrated the ability of Parliament to carry out its 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.”
The Four Freedoms
- Free movement of workers: Gives EU nationals right to work in any EU member state. most controversial in Brexit debate.
- Free Movement of Goods: removal of customs duties, create an area without internal borders so goods can move as if it was country.
- Free movement of Capital: capital payments can move freely between each member state.
- Free movement of services: allows EU companies to set up in other EU countries and provide a service there.
