Supreme Court

Question 1

Explain the role and composition of the UK Supreme Court

Answer 1

• Opened in October 2009 following the Constitutional Reform Act of 2005 - repaced the Law Lords
• Consists of 12 members - e.g cases** 2016/17 11 judges** sat on the case over whether Parliament or the government should initiate the UK leaving the EU
• The Supreme Court hears appeals on** points of law** + makes decisions regarding government institutions
• The Lord Chancellor was a cabinet minister + the head of the judiciary responsible for appointing judges
• Appointments to the Supreme Court are made by an independent selection commission who recommend candidates whose then apporved or rejected by the Lord Chancellor

Question 2

Explain how Judicial Appointments work

Answer 2

• They’re nominated by a 5 member independant Selection Commission + member of Judicial Appointments Commission
• The Lord Chancellor then confirms or rejects the nomination (cannot continue rejecting) - confirmed by PM + Monarch
• They must have **served as senior judges for at least 2 years **or been a qualified lawyer for at least 15 years - mandatory retirement at 75

Question 3

Explain the type of cases the Supreme Court hears

Answer 3

• Supreme Court is the only UK wide court - final court of appeal for judgements made in lower courts
• Hears cases of **significant public + constitutional importance **
• Used to** interpret the application of EU law in UK**
• Rules as to whether devolved authorities have acted **outside their powers **

Question 4

Explain why the Constitutional Reform Act 2005 was implemented

Answer 4

• Implemented due to concerns over the incomplete seperation of powers as the Law Lords sat in the HOL
• Criticism of opaque system where senior judges as the Law Lords were apointed - there** wasn’t an Appointments Commission** it was often cronyism
  ** Failure to understand the distinction in roles** between the HOL + judicial functions
• Now justicies aren’t automatically given peerages

Question 5

Define judicial independence

Answer 5

• Principle that those in the judiciary should be** free from political control or coercion** - allows them to** ‘do the right thing’ without fear of consequences **

Question 5

Define judicial neutrality

Answer 5

• Where judges operate impartially (without personal bias) in their judgements - essential due to rule of law

Question 5

Explain how the Supreme Court exerts the Rule of Law

Answer 5

• Rule of Law = key doctrine of the UK constitution under which justice is guaranteed to all

1. **No one can be punished without trial **
2. **No one is above the law **+ everyone is subejct to the same justice
3. General principle of the constitution (e.g** personal freedoms**) results come from **judges decisions not parliamentary statute **

Question 6

Explain how the Supreme Court exerts judicial independence

Answer 6

• **‘Security of tenure’ **- means that judges have open-ended terms - so politicians **cannot fire them for their behaviour **
• Justices can only be **removed through impeachment **requiring a vote in both the HOC + HOL
• Guaranteed salaries from the consolidated funds - politicians cannot manipulate their salaries as a form of control
• **Contempt of Court **= offence - media, ministers etc are **prevented from speaking publicy **whilist legal proveedings are occuring - **justices face no pressre from politicians **
• **Independant Appointments Commission = greater transparency **in the proess

Question 7

Explain how the Supreme Court exerts judicial neutrality

Answer 7

• Relative **anonymity of senior judges **- they’re allowed to avoid having to openly defend their ruilings
• Restriction on political activity -** cannot campaign** on behalf of a **political party **or pressure group - polticial views shouldn’t be public record
• Legal justification - judgements must be **rooted in law not personal bias **
• High-level training - judges training is regulated by the Law Society - minimum of 15 years as a barrister + 2 as a senior judge

Question 8

Explain the threats to judicial independence

Answer 8

• Politicians criticise ruilings such as when Johnson criticised the Supreme Court ruiling that both his **prorogations of Parliament were unlawful **
• The Lord Chancellor (Justice Secretary) still gets o**ne veto over each appointment **

Question 9

Explain the threats to judicial neutrality

Answer 9

• **Narrow recruiting pool **from which justices + senior judges are drawn from most of which are **white,male, old + privately educated
  **
• There has been an** increasing politicisation of the judiciary ** e.g the Daily Mail labelling the High Court judges as **‘Enemies of the People’ over their Brexit ruiling **