SCOTUK Flashcards
What is the Supreme Court?
The highest independent court in the UK political system.
Established after the Constitutional Reform Act 2005, came into effect in 2009.
What significant change did the Constitutional Reform Act 2005 bring?
It established the independence of the judiciary and separated the roles of the Lord Chancellor.
Lord Chancellor was previously involved in all three branches of government.
Who is the current Lord Chief Justice?
Lord Reed.
Previously Lady Hale.
What is the composition of the Supreme Court as of April 2024?
12 Justices: 10 men and 2 women.
How are justices of the Supreme Court appointed?
Through a special commission that hears applications from candidates.
Candidates must have worked in judicial high office for at least 2 years or for 15 years as a barrister/solicitor.
What is the role of the Supreme Court?
To determine whether the law is being applied correctly and to hear cases of constitutional importance.
It does not rule on guilt or innocence in ‘regular’ cases.
What does ‘ultra vires’ mean in the context of the Supreme Court?
When the court decides if ministers or public bodies have acted beyond their legal powers.
What is a declaration of incompatibility?
A ruling by the court that legislation is not compatible with the Human Rights Act.
It does not automatically change the law but indicates that it should be addressed.
True or False: The Supreme Court can strike down parliamentary legislation.
False.
Due to parliamentary sovereignty.
What does the Human Rights Act 1998 do?
Codifies the European Convention on Human Rights into British law.
It allows citizens to defend their rights in British courts.
What was the significance of the case AM Zimbabwe v Secretary of State for the Home Department?
It ruled that AM’s appeal against deportation should be heard under Article 3 of the HRA due to his health condition.
What is the Judicial Appointments Commission (JAC)?
A body that removes political interference in judicial appointments for lower courts.
It does not select justices for the Supreme Court.
What was the outcome of the case Steinfeld and Keidan v Secretary of State for Education?
The court issued a declaration of incompatibility regarding the Civil Partnership Act, leading to legislation changes.
What is judicial restraint?
Judges defer to the elected branches to avoid overstepping into political matters.
What does the term ‘judicial activism’ imply?
The court actively rules on government decisions and actions, which may involve more involvement in political matters.
What evidence suggests the Supreme Court may lack social representation?
All justices currently went to Oxbridge, are predominantly white, and mostly male.
What is the ‘Belmarsh Case’ known for?
It ruled indefinite detention without trial of foreign suspects was incompatible with the HRA.
What does the principle of separation of powers entail?
It ensures that the judiciary operates independently from the executive and legislature.
Fill in the blank: The Supreme Court has _______ over the executive’s actions.
limited power.
What was a major criticism of the judiciary regarding political bias?
The media’s portrayal of the court as biased after key rulings, such as those related to Brexit.
What is the mandatory retirement age for justices of the Supreme Court?
75.
What significant role does the President of the Supreme Court play?
Chairs the special commission for appointing justices.
What did Lord Hoffmann regard the measures in the Act as?
Excessive and disproportionate
He believed there was no threat to the life of the nation from terrorism compared to World War II.
What was Lady Hale’s argument regarding indefinite detention of suspects?
It was illogical that the law only applied to foreign nationals and not all terrorist suspects
She stated, ‘If it is not necessary to lock up the nationals it cannot be necessary to lock up the foreigners.’
What action did Parliament take after the judgment on indefinite detention?
Repealed part 3 of the 2001 Act and replaced it with the Prevention of Terrorism Act 2005
This led to the release of detainees under a new system of supervision.
What does the principle of parliamentary sovereignty imply in this context?
The court cannot strike down primary legislation
The Human Rights Act provides a moral check rather than a legal one.
What was the government’s action regarding the asset freeze in the case of Treasury v Mohammed Jabar Ahmed?
The asset freezing orders were ruled ultra vires and quashed
The Supreme Court found it unreasonable that the order could not be contested in court.
What was the significance of the Supreme Court’s ruling in the asset freeze case?
The government created the Terrorist Asset-Freezing Act (2010)
This allowed the government to freeze assets of suspected terror suspects.
What was the outcome for the MPs involved in the expenses scandal?
Convicted of criminal offences and sentenced to imprisonment
Notable cases include David Chaytor and Jim Devine.
What did the Court of Appeal decide regarding parliamentary privilege in the Chaytor case?
The actions of the MPs were not privileged and could be prosecuted
The court noted that parliamentary privilege does not cover ordinary criminal activities.
What did the Supreme Court clarify about parliamentary privilege in R v Chaytor?
Acts that would be criminal outside Parliament are not protected by privilege if committed by MPs
The judgement emphasized the limitation of parliamentary privilege.
What was the central issue in Evans vs Attorney General?
Whether communications between Prince Charles and government ministers were disclosable under the Freedom of Information Act
The case involved the ‘Spider Letters’ and their public interest.
What did the Supreme Court rule in Evans vs Attorney General?
The Attorney-General did not have the right to veto the disclosure of the letters
The letters were ultimately disclosed based on public interest.
What was the constitutional impact of the Supreme Court’s ruling in the Evans case?
Senior members of the Royal Family are not protected from disclosures under the Freedom of Information Act
Disclosures must be considered in the public interest.
What was the issue in Miller vs Secretary of State for Exiting the European Union?
Whether Parliament’s consent was required to trigger Article 50
The government believed it could act under royal prerogative powers.
What was the outcome of the High Court’s decision in Miller vs Secretary of State?
The government must seek Parliament’s approval to reverse the decision to join the EU
This decision emphasized the role of Parliament in changing laws.
What was the significance of the Supreme Court’s ruling in Miller vs Secretary of State?
Treaties entered into by Statute Law can only be amended through Parliamentary legislation
The ruling slowed down the process of triggering Article 50.
What did the Supreme Court rule regarding the Fees Order in UNISON v Lord Chancellor?
The Fees Order was ultra vires as it prevented access to justice
This ruling highlighted the importance of judicial review in protecting rights.
What was the outcome of the Supreme Court’s decision in Steinfield and Keiden v Home Secretary?
The preclusion of heterosexual couples from civil partnership was ruled incompatible with human rights law
This led to amendments allowing heterosexual couples to enter civil partnerships.
What does ‘ultra vires’ mean?
Beyond the powers; actions taken that exceed legal authority.
This term is often used in legal contexts to describe actions taken by an entity that are beyond the scope of its legal authority.
What is a ‘declaration of incompatibility’?
A formal statement by a court that a law is inconsistent with the European Convention on Human Rights (ECHR).
Such declarations put pressure on the government to amend the law in question.
What was the significance of the Supreme Court’s decision regarding the CPA?
It led to the amendment of the CPA allowing heterosexual couples to enter civil partnerships.
This change was prompted by the recognition of the incompatibility with Article 8 of the ECHR.
In the case of Lee vs Ashers Baking Company, what was the main issue of law?
Whether Mr. Lee was discriminated against based on sexual orientation and if a business can refuse service due to political or religious beliefs.
What was the outcome of the Supreme Court decision in Lee vs Ashers Baking Company?
The Supreme Court ruled in favor of the bakery, stating that the refusal was based on political beliefs, not sexual orientation.
The court distinguished between the message on the cake and Mr. Lee’s sexual orientation.
What are prerogative powers in the context of proroguing Parliament?
Powers exercised by the monarch based on the advice of the Prime Minister, such as ending a parliamentary session.
What did the Supreme Court rule in the Miller vs Prime Minister case?
The prorogation of Parliament was unlawful as it stifled parliamentary debate without reasonable justification.
What does the term ‘justiciable’ refer to?
Issues that are subject to trial in a court of law.
What was the significance of the Supreme Court’s ruling in Miller vs Prime Minister?
It established a legal precedent regarding the limits of the Prime Minister’s prerogative powers in relation to parliamentary democracy.
What did the Supreme Court decide in Secretary of State for Business and Trade v Mercer?
Mercer’s suspension from her job during a strike was unlawful and put the UK in breach of the ECHR.
What is the role of the Supreme Court in relation to the Human Rights Act (HRA)?
The Supreme Court can declare Acts incompatible with the HRA but cannot force Parliament to change the law.
True or False: The Supreme Court has the power to enforce its decisions.
False.
The Supreme Court can declare laws incompatible but cannot compel Parliament to enact changes.
Fill in the blank: Judicial review allows the courts to ______ actions of government ministers that are ultra vires.
quash
What was the impact of the Belmarsh case on UK legislation?
It led to the repeal of indefinite detention laws, replacing them with control orders.
What trend was observed in the number of judicial review cases since 2000?
A large increase peaking in 2013, followed by a decline to around 2000 cases per year.
What is the argument regarding the Supreme Court’s power in relation to the executive?
The argument suggests that the court acts as a check on executive power, ensuring adherence to legal limits.
What did the ECHR rule in Hirst v UK (2004)?
Prisoners should be given the right to vote, and withholding that right breaches the ECHR.
What issue does the case involving the government’s Rwanda policy highlight?
The conflict between UK law and decisions made by the European Court of Human Rights (ECtHR).
What is a key debate regarding the Supreme Court’s role in the UK?
Whether the Supreme Court has too much power in relation to the executive and legislature.
What is the significance of the Supreme Court recognizing the right to strike?
It highlights the court’s role in protecting workers’ rights and its influence on government legislation.
What does the term ‘activism’ refer to in the context of the Supreme Court?
The court’s expansion of its role into political matters beyond traditional judicial functions.
