Relationships between branches Flashcards
What does it mean by judicial neutrality?
The judiciary is neutral and they have an absence of partisanship
What is a DOI?
Something that SCOTSUK can issue if acts of parliament contradict the HRA
What is an example of a DOI being used?
Rwanda scheme and refoulment and torture
Supreme court declaring rwanda as unsafe
What are 2 ways that judicial neutrality be upheld?
JAC - Identifies and eliminates judges who lack neutrality
legal training and lengthy experience
What are 3 things the constitutional reform act do?
1) lord chancellor was no longer both the head of the judicary and lords speakership (To create independence)
2) Independent supreme court
3) Established the JAC
How many SC members are there?
11
How many female SC members are there?
2
How many black SC members are there?
0
What are 3 ways the SC ensures independence?
Employment terms - (70)
Pay - ‘Consolidated fund’
Appointments - JAC and Appointment Commission
what is the fund that supreme court members get payed from?
Consolidated fund
Who did the govt want to send to Rwanda?
Asylum seekers
What did Suella Braverman say about the courts?
The system is rigged against the british people
Females in HoC from 2013 to 2018?
118 to 220
Example of conservative peer scandal?
Feldman,
Former Conservative Party chairman and a major party fundraiser
nominated despite concerns about the links between party funding and honours
Why is the House of Lords Appointments Commission weak?
Only can raise concerns or recommend against appointments, the Prime Minister has the final say, and the commission’s advice can be ignored.
Example of court upholding parliamentary sovereignty (Brexit)
Miller v Secretary of State for Exiting the European Union (2017)
government could not trigger Article 50 (start Brexit) without Parliament’s approval, upholding parliamentary sovereignty
Example of court upholding parliamentary sovereignty (Parliament law final say)
Jackson v Attorney General (2005)
Court upheld the Hunting Act 2004, confirming that PS means Parliament has the final say on law
What do DOIs challenge?
Parliamentary sovereignty
Example of ultra vires?
MP v Secretary of State (2002):
Home Secretary detained foreign nationals without Parliament’s approval, which was ultra vires and ruled unlawful.
Radmar v Granatino
involved a prenuptial agreement between marriage partners, in which the majority of the SC upheld the principle that divorce should be limited. Lady Hale was the one female justice to dissent from the majority verdict. (Lack of neutrality)
2016 scotland scheme that was incompatible that the court saw
introduce a ‘named person’ service as it came in conflict with article 8 of the hra 2010
