Relations between the branches

Question 1

When was the Supreme Court established?

What are the three main reasons for its creation?

Answer 1

-Established with the Constitutional Reform Act 2005 and was initially made up of ‘Law Lords’ who had sat in the Appellate body of the HOL.

Three Reasons for its creation-

• Concerns over separation of powers
• Criticism of opaque system, where senior judges were Law Lords sitting in the House of Lords, and were appointed.
• Confusion over Lord Lords function, especially with distinction between HOL legislative and judiciary function.

Question 2

What are the functions of the Supreme Court?

Answer 2

The Supreme Court took on previous judiciary roles previously performed by the LL-

• Act as final court of appeal in England, Wales and Northern Ireland, also to hear appeals from civil cases in Scotland.
• Clarify meaning of Law by hearing appeals in cases where there’s uncertainty.

Question 3

What are the qualifications for a judge on the Supreme Court?

Answer 3

-High level judicial job for at least 2 years/ been a qualified prationeer for a period of at least 15 years.

Question 4

What should the ad Hoc commission be comprised of?

Answer 4

• President of Supreme Court
• One member of the Judicial Appointment Commission
• One member of the Judicial Appointment Commission (Scotland and NI)

Question 5

How has the role of government ministers greatly reduced when it comes to power of appointment?

Answer 5

-Government ministers can not repeatedly reject names put forward by the Judicial Appointment Commission.

Question 6

define ultra vires.

Answer 6

-Where an acting government carry out an act without the appropriate legal authority.

Question 7

Gina Miller case.

Answer 7

• 2016-17 Gina Miller, a business woman argued that the Pm did not have the right to trigger Article 50 without consultation of Parliament.
• The Court found in Miller’s favour and the decision to trigger Article 50 was handed over to parliament and decided in 2016.

Question 8

How can judges be argued to be biased?

Answer 8

• There is a huge majority of the judges who are white, male and privately educated.
• This has brought claims that the judges have a-conservative bias, potential bias against women, bias against ethnic minorities and poorer people.
• Due to narrow background judges are thought to be less able to consider needs of those of different status and empathise with situations.

Question 9

What did Lady Hale point out about her time as a Judge?

Answer 9

-2015 pointed out since her appointment, 13 judges had been appointed.
These Judges were;
-All white 
-All male 
-Bar two privately educated 
-Bar two Oxbridge-educated

Question 10

What was the Al-Rawi case?

Answer 10

• 2011 case about damage being brought to secret service after British Intelligence agencies were complicit in their ill treatment against Guantanamo Bay.
• Case saw evidence provided in secret and as a result broke the principle of a fair trial, as both parties must be able to see the evidence given to a judge.