Supreme Court

Question 1

What is the current composition of the Supreme Court?

Answer 1

President Scottish
Deput P Priv educated oxbridge commercial lawyer

11/13 judges from oxbridge background

Question 2

Three Dicey principles about the Rule of Law

Answer 2

• no punishment without trial
• universal application of justice
• principles of the constitution from precedent rather than parliament statutes

Question 3

Factors promoting judicial independence

Answer 3

• 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

Question 4

Which factors increase separation of judiciary from legislature?

Answer 4

• funding from consolidate fund
• 225,000 salary
• CRA 2005; establishment of the JAC
• apolitical

Question 5

Factors for judiciary being political

Answer 5

• 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

Question 6

How is the judiciary not more political?

Answer 6

The removal of funding and appointment from the legislature

Question 7

Which factors enhance judicial neutrality?

Answer 7

• relative anonymity of judges
• banned from political campaigning
• legal justification needed for rulings; SC decisions published
• level of knowledge regulated by Law Society

Question 8

How does necessity of judicial opinion ensure neutrality?

Answer 8

Reduces personal bias

Public scrutiny easier and makes judges more accountable

Need to publish citations

Question 9

Threats to judicial neutrality

Answer 9

Unrepresentative demographic limits extent of rulings

Increasingly politicised since 1998

Question 10

What is the supreme courts most influential tool?

Answer 10

Judicial review

Question 11

How doe judicial review have importance and lasting impact?

Answer 11

Common law & precedent (stare decisis)

Common law offences include murder or common assault

Question 12

How can judicial review act as a check on the othe branches?

Answer 12

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

Question 13

How did brexit reduce the authority of the Supreme Court?

Answer 13

Can no longer suspend statutes contrary to EU law

Right established in 1972

Question 14

Powers and limits of the HRA

Answer 14

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**

Question 15

Tigere v Secretary of State for Business Innovation Skill 2015

Answer 15

Zambian who grew up in the UK denied student loan due to no indefinite leave

Declared infringement of human rights

Question 16

Factors increasing the judiciary’s impact on the executive and parliament

Answer 16

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

Question 17

Factors limiting the recent impact of the judiciary on executive and parliament

Answer 17

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

Question 18

What four main areas are the Supreme Court limited to?

Answer 18

Reviewing established precedent

Ultra vires rulings against politicians according to statute

Disputes over EU law (not anymore)

HRA declarations of incompatibility

Question 19

Significance of R v Horncastle Brothers

Answer 19

Ruled that evidence given outside of oath in court could be used for conviction

Question 20

2011 Al Ravi v Secret Service

Answer 20

Secretly gathered evidence can’t be used in court

Question 21

R v Ministry of Justice

Answer 21

Ruled ECHR can’t be used to overrule the Suicide Act and banned assisted suicide

Used statute over ECHR

Question 22

Factors increasing the supreme courts authority

Answer 22

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

Question 23

Which global court does the UK remain accountable to after brexit?

Answer 23

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