Supreme Court Flashcards
Lord Chancellor
.A member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts.
.Currently Alex Chalk
Requirements to be appointed SC justice
Under section 25 of the Constitutional Reform Act 2005 there are 2 possible routes:
1) hold high judicial office for a period of 2 years
2) have qualified and practiced as a solicitor, barrister or advocate for 15 years
How UKSC justices are appointed
.Vacancy arises, Lord Chancellor convenes an independent selection commission comprised of President of SC, another non SC senior UK judge, representatives of each of England and Wales, Scotland and Northern Ireland (2 of these must be a non-lawyer)
.Commission consults a number of senior politicians and judges across the UK and then merit based shortlist is made
.Interviews
.Commission makes recommendation to Lord Chancellor, Lord Chancellor can accept, reject, or ask the commission to reconsider
.Name sent to PM wo sends it to monarch to approve
SC retirement
.There is a mandatory retirement age of 75 -> Lord Richards to retire on 9th June 2026
UKSC makeup
.12 justices
.1 Justice didn’t go to Oxbridge (Lord Stephens - Uni of Manchester)
.Lord Burrows appointed directly from academia (all others judges prior)
.only 2 women
.Youngest SC justice is currently 60 (Lady Simler)
R (on the application of Coughlan) v Minister for the Cabinet Office 2022
Pilot schemes on ID at local elections was not ultra vires – it was legal under section 10 of the Representation of the People Act 2000
R (Christie Elan-Cane) v Secretary of State for the Home Department 2021
The Home Office does not have a legal obligation to offer a third gender on passports.
Begum v Home Secretary 2021
The Home Secretary appealed an earlier decision by the Court of Appeal that said she was allowed to return to the UK.
R (Miller) v The Prime MinisterandCherry v Advocate General for Scotland 2019
Johnson was unlawful in trying to prorogue Parliament
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill 2018
A rival withdraw bill drawn up by the Scottish Parliament- rejected.
Lee v Ashers Baking Company Ltd and others 2018
Gay cake case.
No right to force a baker to bake a pro-gay rights cake under ECHR.
R (Miller) v Secretary of State for Exiting the European Union 2017
An Act of Parliament not Royal Prerogative (as argued by May) to start Article 50.
Bull v Hall 2013
Gay guest house – have to serve gay couples
R v Chaytor 2010
Three MPs on trial for falsifying their expenses argued their expenses were Parliamentary Privilege and therefore cannot be prosecuted.
Supreme Court says they can be prosecuted.
HM Treasury v Ahmed 2010
Terrorism Order 2006 was ultra vires
