Relations Between The Branches Flashcards
1
Q
Explain the role and composition of the UK Supreme Court
A
- Opened in October 2009 following the Constitutional Reform Act of 2005 - repaced the Law Lords
- Consists of 12 members - e.g cases** 2016/17 11 judges** sat on the case over whether Parliament or the government should initiate the UK leaving the EU
- The Supreme Court hears appeals on** points of law** + makes decisions regarding government institutions
- The Lord Chancellor was a cabinet minister + the head of the judiciary responsible for appointing judges
- Appointments to the Supreme Court are made by an independent selection commission who recommend candidates whose then apporved or rejected by the Lord Chancellor
2
Q
Explain how Judicial Appointments work
A
- They’re nominated by a 5 member independant Selection Commission + member of Judicial Appointments Commission
- The Lord Chancellor then confirms or rejects the nomination (cannot continue rejecting) - confirmed by PM + Monarch
- They must have **served as senior judges for at least 2 years **or been a qualified lawyer for at least 15 years - mandatory retirement at 75
3
Q
Explain the type of cases the Supreme Court hears
A
- Supreme Court is the only UK wide court - final court of appeal for judgements made in lower courts
- Hears cases of **significant public + constitutional importance **
- Used to** interpret the application of EU law in UK**
- Rules as to whether devolved authorities have acted **outside their powers **
4
Q
Explain why the Constitutional Reform Act 2005 was implemented
A
- Implemented due to concerns over the incomplete seperation of powers as the Law Lords sat in the HOL
-
Criticism of opaque system where senior judges as the Law Lords were apointed - there** wasn’t an Appointments Commission** it was often cronyism
** Failure to understand the distinction in roles** between the HOL + judicial functions - Now justicies aren’t automatically given peerages
5
Q
Define judicial independence
A
- Principle that those in the judiciary should be** free from political control or coercion** - allows them to** ‘do the right thing’ without fear of consequences **
5
Q
Define judicial neutrality
A
- Where judges operate impartially (without personal bias) in their judgements - essential due to rule of law
5
Q
Explain how the Supreme Court exerts the Rule of Law
A
- Rule of Law = key doctrine of the UK constitution under which justice is guaranteed to all
- **No one can be punished without trial **
- **No one is above the law **+ everyone is subejct to the same justice
- General principle of the constitution (e.g** personal freedoms**) results come from **judges decisions not parliamentary statute **
6
Q
Explain how the Supreme Court exerts judicial independence
A
- **‘Security of tenure’ **- means that judges have open-ended terms - so politicians **cannot fire them for their behaviour **
- Justices can only be **removed through impeachment **requiring a vote in both the HOC + HOL
- Guaranteed salaries from the consolidated funds - politicians cannot manipulate their salaries as a form of control
- **Contempt of Court **= offence - media, ministers etc are **prevented from speaking publicy **whilist legal proveedings are occuring - **justices face no pressre from politicians **
- **Independant Appointments Commission = greater transparency **in the proess
7
Q
Explain how the Supreme Court exerts judicial neutrality
A
- Relative **anonymity of senior judges **- they’re allowed to avoid having to openly defend their ruilings
- Restriction on political activity -** cannot campaign** on behalf of a **political party **or pressure group - polticial views shouldn’t be public record
- Legal justification - judgements must be **rooted in law not personal bias **
- High-level training - judges training is regulated by the Law Society - minimum of 15 years as a barrister + 2 as a senior judge
8
Q
Explain the threats to judicial independence
A
- Politicians criticise ruilings such as when Johnson criticised the Supreme Court ruiling that both his **prorogations of Parliament were unlawful **
- The Lord Chancellor (Justice Secretary) still gets o**ne veto over each appointment **
9
Q
Explain the threats to judicial neutrality
A
- **Narrow recruiting pool **from which justices + senior judges are drawn from most of which are **white,male, old + privately educated
** - There has been an** increasing politicisation of the judiciary ** e.g the Daily Mail labelling the High Court judges as **‘Enemies of the People’ over their Brexit ruiling **
10
Q
Define legal, political and national soverignty
A
- Sovereignty = final legislative authority + can act without undue external constraint
- National Sovereignty = idea that final decision-making authority located within the nation state e.g territory
- **Legal/Political Sovereignty **is supreme legal authority + the ability to exercise sovereignty in practice
11
Q
Explain pro-Brexit sovereignty arguments and anti-brexity sovereignty arguments
A
Pro-Brexit:
* Legislation made by Parliament** cannot be overturned by an external authority**
* Parliament can legislate on any higher authority
* **No Parliament can bind it’s successors **
Anti-Brexit:
* Parliamentary sovereignty has been **challenged with referendums = popular sovereignty **
* EU Act 2011 introduced ‘referendum lock’ under which any future treaty transferring power from UK to EU
12
Q
Explain what the Social Chapter is and the UK’s conflict with it
A
- Social Chapter; measures to protect rights of workers but Major opted out as the** didn’t want UK businesses to be held back by ‘red tape’ **
- New Labour signed up for the Social Chapter; right to annual leave, parental leave
- Coalition government made it difficult to claim for unfair dismissal from 1 year to 2 years
- **European Court of Justice **ruled that tradesmen travelling to a job had to count towards the **maximum 48 hour working week **- Cameron said this would **increase business leaders costs too much **
13
Q
Explain the EU’s regulation on deep-sea fishing and the Factortame Case
A
- EU regulated **quotas for deep-seat fishing **+ fishing boats to have access in all EU areas
- **UK fishers said it would drive them out of business **
- Factortame case sued UK government for restricting access to UK waters - **ECJ ruled the 1988 Merchant Shipping Act wasn’t valid due to conflict with EU law **(took precedent)
