Supreme Court Flashcards
What is the current composition of the Supreme Court?
President Scottish
Deput P Priv educated oxbridge commercial lawyer
11/13 judges from oxbridge background
Three Dicey principles about the Rule of Law
- no punishment without trial
- universal application of justice
- principles of the constitution from precedent rather than parliament statutes
Factors promoting judicial independence
- mandatory retirement at 75
- guaranteed salary from consolidated fund
- contempt of court banned: media and individuals can’t publicise trials; reduces public opinion pressure
- separation of powers
- level of expertise = pride in upholding law
Which factors increase separation of judiciary from legislature?
- funding from consolidate fund
- 225,000 salary
- CRA 2005; establishment of the JAC
- apolitical
Factors for judiciary being political
- HRA 1998
- Factordame 2000 meant EU law over Acts of Parliament
- Supreme Court led to higher media attention
- ministers criticising judiciary: Davis & decision to block govt triggering article 50 without parliament in 2016
How is the judiciary not more political?
The removal of funding and appointment from the legislature
Which factors enhance judicial neutrality?
- relative anonymity of judges
- banned from political campaigning
- legal justification needed for rulings; SC decisions published
- level of knowledge regulated by Law Society
How does necessity of judicial opinion ensure neutrality?
Reduces personal bias
Public scrutiny easier and makes judges more accountable
Need to publish citations
Threats to judicial neutrality
Unrepresentative demographic limits extent of rulings
Increasingly politicised since 1998
What is the supreme courts most influential tool?
Judicial review
How doe judicial review have importance and lasting impact?
Common law & precedent (stare decisis)
Common law offences include murder or common assault
How can judicial review act as a check on the othe branches?
Used to challenge secondary powers
Ability to declare actions ultra vires
2016 government blocked from restricting legal aid to those born outside the uk (amended Legal Aid Act with secondary powers)
2013 HS2 compensation amounts declared ultra vire and had to be revisited
How did brexit reduce the authority of the Supreme Court?
Can no longer suspend statutes contrary to EU law
Right established in 1972
Powers and limits of the HRA
Improves human rights
Can be amended, derogated, repealed
Can only declare incompatibility
; has persuasive authority
Reilly v Secretary of State for Work and Pensions 2016: court ruled that parliament changing laws retrospectively was incompatible but that parliament could *choose**
Tigere v Secretary of State for Business Innovation Skill 2015
Zambian who grew up in the UK denied student loan due to no indefinite leave
Declared infringement of human rights
Factors increasing the judiciary’s impact on the executive and parliament
Removed lord chancellor and law lords
HRA 1998 lets judges directly question ministers/Acts
Factortame 1990 case established EU law over UK
Judicial action has led to prevention of ministers’ willingness to break human rights
Factors limiting the recent impact of the judiciary on executive and parliament
2009 move did not change the constitutional relationship
Parliament is under no legal obligation to follow human rights
Completion of brexit closed a major avenue through which SC put pressure on government
What four main areas are the Supreme Court limited to?
Reviewing established precedent
Ultra vires rulings against politicians according to statute
Disputes over EU law (not anymore)
HRA declarations of incompatibility
Significance of R v Horncastle Brothers
Ruled that evidence given outside of oath in court could be used for conviction
2011 Al Ravi v Secret Service
Secretly gathered evidence can’t be used in court
R v Ministry of Justice
Ruled ECHR can’t be used to overrule the Suicide Act and banned assisted suicide
Used statute over ECHR
Factors increasing the supreme courts authority
Demystification of judges & more public nature of the institution eg through website
Clear separation of judiciary and legislature
More accountable appointment process since 2005 reforms
Which global court does the UK remain accountable to after brexit?
European court of human rights established by the council of Europe
Out of the jurisdiction of thee European court of justice which is from the EU
