Supreme Court Flashcards
What is judicial independence
Freedom of the judiciary from outside interference - e.g. other branches of government
Ways in which the independence of the judiciary is protected in the UK
- Separation of powers since 2009 (CRA 2005)
- judicial appointment commission
- Judges cannot be prosecuted/removed due to acts of judicial function
- Parliamentary convention
-Elite training - Supreme Court budget
What is ultra vires?
Beyond one’s legal power or authority
What is judicial neutrality?
Judges are expected to show no bias towards a particular political philosophy
Case to suggest that the UK judiciary is neutral
-Judiciary rules against all governments
-The appointment process is gender and race blind
- The old ‘tap on the shoulder’
- appointments system is dead
- the judicial oath
- women are rising through the ranks
Case to suggest the UK judiciary is not neutral
- Under-representation of minorities
- The ‘old boys network’
- The highest court suffers from female under-representation
- The judiciary is inherently liberals
What is the Miller I case?
By withdrawing from EU without parliamentary approval via new Act, PM was nullifying will of parliament - undermining parliamentary sovereignty
-Gov was ultra vires
What is the role of the UK judiciary?
- Dispensing equal justice under the law
- Making and interpreting law and the constitution
- judicial review to prevent tyranny
- conduct independent judicial inquires into issues of public importance
What is the impact of the human rights act 1998
- Courts hold more power over the government
- hundreds of years of precedent overturned
- backlash from the Conservative Party
- changed the perception of judges ‘neutrality’
- codification promotes a rights culture
- rights culture ‘clogging up courts’ and delaying justice
Developments from the constitutional reform act 2005
- Supreme Court created to end ‘fusion of powers’ with law lords
- Improve judicial independence
- Lord chancellor/ justice secretary ability to appoint judges and act as a judge removed
- judicial appointments commission replaced old ‘tap on shoulder’ method
-ability to remove judges for personal misconduct
Arguement that the Supreme Court is able to effectively challenge the power of government
-Judges are armed with Rule of Law
- Judges chair independent judicial inquiries
- Judges are independent from government
- Judicial review is on the increase
Argument that the Supreme Court is not able to effectively challenge the power of the government
- Ministers can propose new legislation, adjust statutory instruments
-Judges must stick to law shaped by ministers - Judges cannot initiate cases
- Judges occasionally practice judicial restraint
- UK government occasionally ignored rulings from Strasbourg court
Arguments that the British judiciary protect civil liberties effectively
- Bound to protect the rule of law and protects civil liberties
- Independence enhances abilities to defend from abuses
- Judges are neutral and not under same pressures as politicians with crime, etc
Arguments that the British judiciary do not/cannot protect civil liberties effectively
-Parliamentary sovereignty means judiciary must follow will of parliament
- Parliament is the true defender of liberties
-some judges prefer restraint instead of challenging government
-ultra vires
