Relations between the branches

Question 1

What is the Supreme Court?

Answer 1

-the highest court in the UK political system

Question 2

What is the composition of the Supreme court?

Answer 2

• opened 2009
• made up of ‘law lords’ and be independent of parliament
• 12 members

Question 3

What is the role of the Supreme Court?

Answer 3

• appeals on argueable points of law where matters of wider public and constitutional importance are involved
• makes ulings if the devolved powers are not acting within their powers

Question 4

What is judicial neutrality?

Answer 4

-the principle that judges should not be influenced by their personal political opinions and should remain outside of party politics

Question 5

What are the most important points of the code of conduct for the Supreme Court?

Answer 5

• conflicts of intrest: refuse to sit a personal case

- public activities: judges can educate or serve the government as long as it doesn’t compromise their neutrality

Question 6

Is the supreme court neutral?

Answer 6

• not equal in gender, social, or educational background

- all but on men, all white, all but 2 privately educated

Question 7

What is judicial independence?

Answer 7

-the principle that judges should not be influenced by other branches of government, particularly the executive

Question 8

What are the built in garantees of independence for the supreme court?

Answer 8

• terms of employment: cannot be removed from office unless they break the law
• pay: salaries are paid from an independent budget
• appointment: transparent and free from political intervention

Question 9

How independent is the Supreme Court?

Answer 9

-it has its own budget which is separate from every other funding budget

Question 10

What is judicial review?

Answer 10

-the power of the judiciary to review, and sometimes reverse, actions by other branches of government that beach the law, or that are incompatible with the human rights act

Question 11

What is ultra vires?

Answer 11

• means beyond the powers

- an action that is taken without legal authority

Question 12

How does the supreme court influence parliament?

Answer 12

• checks that ministers have followed correct procedures in implementing legislation
• checks if the government has ultra vires

Question 13

What are the 4 supreme court rulings?

Answer 13

• the right of sex offenders to appeal against registration for life 2010: ruled this is a breach of human rights so reduced to 15 years
• the case of private Jason Smith 2010: human rights act doesn’t extend to troops in combat
• the Al Rawi case and secret hearings 2011: UK troops contributed to their mistreatment (Guantanamo Bay)
• HS2 2014: comply with EU environmental directives