Relationships between Branches - Influence of the Supreme Court Flashcards
What is Ultra Vires? What is it’s relation to Judicial Review?
This is the decision on whether any public body, including the government, has acted beyond its legal authority.
Ultra Vires translates to beyond their powers.
INFLUENCE
Determining the meaning of law - why and how does the Supreme Court do this?
Supreme Court have influence and importance because they determine the meaning of any law and so set up the judicial precedent… this must be followed in future cases of similarity.
INFLUENCE
An example of how the Supreme Court determines the meaning of law?
2016 - Crown V Jogee case = the Supreme Court overturned the principle of joint enterprise, which was established in common law.
Joint enterprise was originally taken to mean that those who were part of a group which incited murder could be convicted of the criminal in the same way in which those who actually killed the person.
in 2016, this interpretation changed, which meant there had to be intent to kill shown if members of the group were going to be held guilty of murder.
INFLUENCE
Determining the location of sovereignty
The uncodified constitution in the UK makes determining sovereignty a challenge because different constitutional sources conflict with one another… the court will decide which is appropriate and lawful.
Both Miller cases are examples of this because May and Johnson ignored the sovereignty of Parliament in their actions to trigger Article 50 and proroguing parliament.
INFLUENCE
Interpreting the Human Rights Act
When the government’s actions are not compatible with the HRA, then the Supreme Court intervenes.
It can issue a declaration of incompatibility if any UK legislation conflicts with the EUCHR.
There is an expectation following that Parliament will then modify the law and bring it in line with the European Convention.
Parliamentary sovereignty = UK S.C does not have the power to strike down laws in the same way that the US can.
INFLUENCE
P v Cheshire West and Cheshire Council 2014
Interpreting Human Rights Law
P had down syndrome and cerebral palsy which meant he was placed with social services who restricted his personal freedom as part of his care.
Lady Hale stated that ‘far from disability… entitling the state to deny such people human rights… guaranteed by Article 5 of the European Convention’
A gilded cage, is still a cage.
P won the case
INFLUENCE
Judicial Review
The Court can be asked by citizens to inquire whether Parliament and ministers have correctly followed procedures in the way they implement legislation.
INFLUENCE
Judicial Review + Ultra Vires Example
2016 - Justice Secretary Chris Grayling had acted ultra vires when he amended Legal Aid Act only using secondary legislation to restrict giving a civil legal aid to people who had lived continuously abroad for twelve months.
What is civil legal aid? This is a payment from public funds to pay for legal advice or to provide a lawyer to represent a person in court in a civil case.
JUDICIAL INDEPENDENCE
What does this mean?
This is based off of the separation of powers… it is the principles that judges should not be influenced by other branches of the government.
Judges should/must be capable of holding Parliament and the Government to account.
Government ministers, civil servants, and many more want to influence the way in which the judges interpret the law but it is so vital that judges interpret the law as they see it correctly… according to the law.
JUDICIAL NEUTRALITY
What does this mean?
in an ideal world, judges would have no political sympathies, ideological leanings or what not but this is not practical at all… judgements should try to come as close as possible to this ideal.
Judges should solely focus on the law, leaving any personal prejudices at the door… this rule of law can only be applied fairly if all the judges maintain neutrality in the courtroom.
JUDICIAL INDEPENDENCE
Is the Supreme Court judicially independent? YES
The establishment of the Judicial Appointments Commission has made the appointment of judges more independent. It is an independent committee.
JUDICIAL INDEPENDENCE
What does Sub Judice mean?
Sub Judice refers to rule that forbids people, including politicians, from commenting on cases that are currently being considered.
JUDICIAL INDEPENDENCE
Is the Supreme Court judicially independent? NO
Appointments to the Supreme Court still need to be formally approved by the Lord Chancellor and the Prime Minister
JUDICIAL NEUTRALITY
What are the aims of neutrality?
Judicial independence is about keeping judges free from external controls and influences whereas judicial neutrality is about ensuring there is no bias within the judiciary.
JUDICIAL REPRESENTATION
How many of the 12 justices are white?
Of the 12 Justices in the Supreme Court, 10 are white men, and the other two are white women.
Lady Black is retiring… so only one remains.
Rabinder Singh was appointed to the Court of Appeal in 2017. He was born in Delhi!!! His presence only amounts to 2.56% representation - 1/39
