Relations - Supreme court interactions, influence over lege

Question 1

Supreme court overview

Answer 1

Final appeals court in England, Wales and N Ire for issues of public importance
Hears appeals from civil and criminal cases in England, Wales, N Ire
CRA 2005 Est separate from legislature building and branch, removed law lords
CRA 2005 Setup Judicial Appointments Committee - vets nominees to minimise political influence

Question 2

Appointment of justices

Answer 2

12 justices but cases heard by odd number to reach verdict
Most senior judge becomes president - Lady Hale 2017
Nomination made to JAC, Lord Chancellor, PM and Monarch confirm
Retire at 70 to a peerage (which must come after leaving)

Question 3

Judicial neutrality

Answer 3

JAC Monitor and restrict
Legal experience and training should mean they are able to put personal bias aside
Recent attempts to broaden background and experiences of the judiciary
Legal precedent and appeals control the damage personal views can have
However, Judges are demographically unrepresentative “Male, Pale, Stale” ⅕ Female, 1 in 10 BaME
Judges are seen as “establishment”, will keep status quo
Growing judicial activism can be seen as lacking neutrality

Question 4

Judicial Independence

Answer 4

Lord Chancellor - Bound by oath to maintain Judicial Independence
Security of tenure - Appointed until retirement, no threat of removal
Appointment - JAC is free from political involvement
Decisions - Not discussed in parliament, not subject to legal action
Fixed salary - Parliament has no threat of lowering salary
HRA - Aids in judging human rights cases
Separation from parliament
However PM and Lord Chancellor (FInal) retains some power in final appointment of judges (can block)
Ministers have criticised rulings - 2017 EU withdrawal case requiring parliament to vote

Question 5

Influence of the Supreme Court - Does have influence

Answer 5

Judicial review ensures gov is working within the law and can declare ultra vires if above powers
They are the final court of appeals, meaning their decision is final - Article 50 ruling
Since the HRA it is better at protecting the rights of citizens, especially from gov.
Senior judges comments influence rights protection via verdicts
Reputa tion for protecting rights, some suggest they read rights into gov laws that arent there, some call judicial activism
In freedom of information cases they have revealed data against ministers wishes - Black spider memos

Question 6

Influence of the Supreme Court - Does not have influence (Weaknesses)

Answer 6

However the supreme court cannot strike down statute law
Parliament may pass legislation that legalises something the SC doesnt want - Belmarsh and Poundland and Gordon Brown Terror asset freeze
They can act only on cases brought to them
They cannot judge above the law, even against natural justice - Right to die cases
Judges are unelected and sees they probably shouldn’t challenge elected pols, yet do
Parliament is ultimately sovereign, meaning all is a recommendation
SC cannot overturn statues, even if against ECHR