Supreme court

Question 1

When was the Supreme court opened

Answer 1

2009

Question 2

What act created the Supreme court?

Answer 2

Constitutional Reform Act 2005

Question 3

Why was the Supreme Court created?

Answer 3

• End the fusion of powers

- Create greater transparency

Question 4

Supreme Court’s role (4)

Answer 4

• Final court of appeal
• Hears appeals on arguable points of law of wider public and constitutional importance are involved
• Court had to interpret law passed by the EU
• Rulings on cases where devolved authorities have acted beyond their powers

Question 5

concerns about the make-up of the Supreme Court

Answer 5

• Only one female
• All white
• Most privately educated

Question 6

What are the 2 key principles of the SC

Answer 6

Judicial Neutrality and Judicial Independance

Question 7

What is Judicial Neutrality

Answer 7

Expectation that judges will exercise their functions without personal bias

Question 8

How is judicial neutrality upheld (2)

Answer 8

-Conflicts of Interest
(Judge must refuse to sit in a case that involves an associate, as raises doubts about judges detachment)

-Public activities (must be politically neutral publicly)

Question 9

How has the SC increased their transparancy?

Answer 9

-Publicize the full details of their decisions and reasoning behind them, allowing for greater public scrutiny

Question 10

What is Judicial independance?

Answer 10

Judges must be free from political interferance

Question 11

What are some built in guarantees of judicial independance?

Answer 11

• Terms of employment (can’t be fired unless they break the law)
• Pay- salaries are part of an independent budget
• Appointment (Judicial appointment commission is transparent in their procedure and free from political intervention)

Question 12

What happens if a piece of existing legislation conflicts with the HRA (1998)

Answer 12

-Supreme Court can issue a ‘declaration of incompatibility’

Question 13

What can the SC NOT do?

Answer 13

Cannot strike down laws, can only suggest amendments

Question 14

What power does the Supreme Court have?

Answer 14

Judicial review

Question 15

What can judicial review do?

Answer 15

• Inquire if ministers have followed correct procedures

- Can examine actions of public bodies and if they acted ‘ultra vires’

Question 16

Arguments in favour of the SC challenging government (3)

Answer 16

• Declarations of incompatibility puts pressure on the government to act
• The court’s independence makes it hard for the government to control (employment, pay and appointment)
• The introduction of the Human Rights Act makes it more possible for the court to uphold liberties and challenge government

Question 17

Arguments against the SC challenging government? (4)

Answer 17

• They are bound by the law passed by Parliament- they cannot make law themselves.
• A declaration of incompatibility cannot be used to strike down a law, just recommend that it be changed
• The court cannot be proactive- it must wait for cases to come to them
• The Human Rights Act is not fully entrenched, so could be set aside by governments