supreme court Flashcards
when was the sc created?
2005, by tony blair
why was the sc created?
to separate judiciary and executive - used to be law lords in the house of lords
2005 constitutional reform act
- Lord chancellor role changed - Lord Chief Justice (previously appellate committee of HoL and head of judiciary)
- Separated 3 branches of government - judiciary, legislative and executive
- 11 of 12 justices recruited from Law Lords and can no longer sit in HoL. Appointed on merit not on politics as now it is up to Judicial Appointments
what does the sc do?
Supreme court only address and advise on what the law is - points of law - people have to follow what they say.
judicial review
the power of judges to review and sometimes reverse actions by other branches if they are unlawful or incompatible with HRA
legal sovereignty
the legal rigvht to exercise sovereignty - int theory
political sovereignty
the political ability to exercise sovereignty - in practice
elective dictatorship
when the government/executive dominates parliament usually large majority
ultra vires
‘beyond the powers’ - action taken without legal authority
‘the establishment’ bias
belief that judges are part of the establishmebt - high up people in society with conservative views - Griffiths - The Politics of the Judiciary 1977
judges demographic
male pale and stale
no women or minority balance
why is judicial review and ultra vires used?
to ensure the government is acting in a lawful way
what can the SC do in terms of making a decision?
refer to the constitution
what can parliament do after a ruling of the SC?
legislate around it
ways SC influences parliament
Supreme court can declare Ultra Vires, that Parliament is acting beyond its powers.
Supreme court will carry out judicial review, in which the lawfulness of an act or body will be tested.
Supreme court will refer to the European Convention of Human Rights and declare something as unlawful.
Supreme court rulings carry significant pressure, especially when the media carry the stories.
