Relationships between branches (SC) Flashcards
Role
- Final court of appeal
- Public hearings
- Appeals on civil or criminal cases
Formation
- Constitutional Reform Act 2001
- Lord Chancellor no longer head of the branch
- Separated from the legislature
- JAC created to Vet the nominees
- Necessary after the HRA 1998
Appointments
- 12 Members
- Most senior is the president
- nominations are made by the JAC, approved by the LC, PM and the Monarch
- They all retire at 70 (before 1995) or 75 otherwise
Rule of Law
- Upholds a limited government
- Prevents the government from becoming arbitrary
- Trials should be fair
- No one is above the Law
- The judiciary is independent
Neutrality
- Should not be politically motivated
- Decisions should be made based on law only,with no favour or prejudice
How does the SC uphold neutrality?
- JAC vets the judges
- Professional ethics
- Lengthy experience and training
- Broadening backgrounds
- Legal precedent upheld
Independence
Should not face pressure from executive or legislature
How does the SC uphold independence?
- Lord Chancellor bound by oath
- Tenure
- Separate body
- JAC free from political involvement
- Immune from criticism or legal action from parliament
- Fixed salary
- Guidance from the HRA 1998
How does the SC fail to uphold independence?
- Government has final decision
- ministers have become more likely to criticise sc rulings
How is the SC influential?
- Judicial review creates pressure
- Final court of appeal
- HRA can better protect citizens
- Senior judges influential
- Reputation for protecting HR
- Freedom of information cases are upheld
How is the SC not influential?
- Cannot be pro-active
- No constitution - can’t strike down statute law
- Cannot make judgements beyond law
- Unelected
- Parliament is sovereign
HRA influence
- Made it possible for the SC to issue a ‘declaration of incompatibility’
- Parliament can ignore this but it adds pressure
Judicial Review
- Cannot rule parliaments actions unlawful
- During judicial review ministers decisions declared unlawful when they are ‘ultra vires’
What did Lord Diplock say about Judicial Review in 1985?
Only made on something that defies “logic or acceptance of moral standards”
HM Treasury v Ahmed and others (2010)
SC ruled freezing bank accounts of suspended terrorists was ultra vires.
So govt passed the Terrorist Asset Freezing Act 2010
Ghaidan v Godin-Mendoza (2004)
Reviewed the “Rent Act (1977)”
“his or her wife or husband was interpreted as if they were his wife or husband
When was the Act of Settlement and what did it do?
1701 - the LC can only increase salaries of the SC
Salaries frozen 2010-15
What did the Daily Mail brand judges in 2016?
“Enemies of the People”
What does the constitutional reform act say justices should be selected on?
“Solely on merit”
How did Cameron and May break judicial independence in 2011, what was the outcome?
They both criticised the decision in R(F) v Secretary of State for the Home Department.
May said she was “disappointed and appalled”
Lord Chancellor Keneth Clark had to write to both of them
What does ‘sub judice’ mean?
Under judgement
What does the Contempt of Court Act (1981) do?
Limits what the media can publish whilst cases are ongoing as not to jeopardise the hearings.
What happened when the Daily Mail and Daily Mirror broke the Contempt of Court Act in 2012?
They were fined £10 000 plus £25 000 in costs after publishing background details of Levi Bellfield
How has transparency been upheld in the SC?
- YouTube channel created in 2013
- Hearings are live-streamed
- Summaries of cases published
What act stops SC justices from serving in the commons?
House of Commons Disqualification Act (1975)
Quote relating to neutrality
Judges cannot be a “judge in their own cause”
What was the Pinochet Case and what year was it?
1999
Ruling overturned as as Lord Hoffman was Chairman of Amnesty International
What are the ‘Kilmuir Rules’ and when were they ended?
1955 - would not appear in the Media
Ended by Lord Chancellor Mackay in 1987
What did the Daily Mail report following R Miller v Secretary of State for exiting the EU (2016)?
Reported 5 justices were EU sympathisers, 6 had relationships with EU critics
What did numerous judges criticise in 2015?
New criminal courts charge which required £150 - £1200 payment.
Over 100 magistrates also resigned
What did Lord Hope say about neutrality?
“Judges are human beings not robots”
Which case showed the impact of male bias in the SC?
Radmarcher v Granatino (2010)
8v1 for prenups having decisive weight in divorce hearings
Lady Hale only one to vote against this
How has judicial review grown?
1982 - 685
2005 - 5000
2013 - 15,700
Which book gives the civil service advise?
“The Judge over your shoulder”
What did Lord Denning say about article 8?
“So wide as to be incapable of practical application”
What does JAC Griffin say about judicial neutrality?
they favour their own ‘establishment’
Freedom of information case that has been upheld
Charles is a black spider memos - 27 letters released after 10 years of court battles
How has the number of declarations of incompatibility changed?
2000 -10 = 29
2010-15 = 3
R v Horncastle (2009)
Focus on hearsay – the use of cross reference statements from absent witnesses
ECtHR Road this could not be used conflicting with precedent in UK courts
ECtHR altered its decision.
Nicklinson V Ministry of Justice (2014)
- Tony Nickinson had locked in syndrome
- reviewed the suicide act 1961
- 7-2 against nicklinson
Al Rawi v Security Service (2011)
- Human Rights v National Security
- SC decided it ‘simply wasn’t possible’ as giving evidence in secret would undermine a fair trial
HS2 Alliance Ltd v Sec of State for Transport (2014)
- Campaigners wanted to review govt hs2 plans
- Dismissed until parliament reached its final decision
How many times was May’s EU withdrawal bill defeated between April-June 2018
14 times
How big was May’s working majority?
13 MPs
Between 2010 -2015 what % of votes did MPs rebel in?
35%
What recent conflicts has the commons debated?
Wars in Syria and Iraq as well as 2011 London Riots
What happened following 2013 debate military action in Syria?
Cameron defeated 285 to 272
How long did the 2015 debate on air spikes in Syria last?
10 hours
When did Blair first lose a vote
2005
Constitutional Reform Act 2005
Changed the role of Lord Chancellor, removing him from the head of Judiciary and House of Lords speakership.
Independent Supreme Court
Established the Judicial Appointments Committee (JAC) this vets appointments of senior judicial posts.
Who is the President of the Supreme Court, when were they elected?
Lady Hale, elected in 2017
When do Judges in the Supreme Court retire?
70 if appointed after 1995, or otherwise 75.
When do Judges in the Supreme Court retire?
70 if appointed after 1995, or otherwise 75.
Diversity in the Supreme Court
2 women (inc. president) 11 men
All white
All old
Diversity in the Court of Appeal and High Court in 2017
1/4 in Court of Appeal and 1/5 in high court female
Black, Asian and Ethnic Minority judges well below 1/10
Also a drop in % of non-white barristers, go on to become judges
R v Horncastle (2009)
Focus: Use of Hearsay documents from absent witnesses who are not under oath have long been excepted in British Courts
The Case: Clash between UK courts and ECHR, which ruled if a person was convicted on the strength of Hearsay evidence, their right to humans rights were being infringed.
The Decision: The ECHR altered its decision. Lord Neuberger said this showed ‘there can be genuine, civilized and constructive dialogue between the UK courts and ECHR.
Al Rawi v Security Service (2011)
The Focus: raised the conflict between human rights and National Security
The Case: Some inmates in US-run prisons wanted to bring claims against the UK security service for contributing to mistreatment while in detention. UK security service wanted to give evidence in Secret to preserve national security, however prosecution would then not be able to see evidence against them.
The Decision: Supreme Court decided this ‘simply was not possible’
