Supreme Court Flashcards
What is the Supreme Court
Highest court in the UK
Hears appeals from Court of Appeals and settles constitutional disputes.
Also devolutionary jurisdictional issues
Creates and applies precedents
Constitutional reform act
2005
Separation of the judiciary and the government
Established a Supreme Court to separate judicial and legislative branches of government
Highest judicial authority previously in House of Lords, Law Lords.
Appointments to be by impartial judicial Appointment Committee
When was the Supreme Court established
2009
Function of the S.C
Final court of appeal in the UK
To clarify the law - establish the rule of law
Who is in the S.C
12 judges
All white few female
Judicial independence
Principle that judiciary should be free of political control. No fear of consequences for decisions
Judicial neutrality
Judges operate without Bias
Judicial review
Allows the court to determine whether a law is constitutional but not strike them down
Ultra Vires
Beyond their limits can check the powers of gov and public bodies
Enforce the rule of law
- Unelected judged have the power to overrule the gov
Brown Labour - ULTRA VIRES
2010 Terrorist asset freezing act passed through act of parliament even though SC ruled that the Govt acted beyond their powers
Gina Miller - 2016
- took PM to court government need consent of parllimrnt to trigger article 50
Jan 2017 the government can’t trigger article 50 without act of parliment
Feb bill passed in parliment
Article 50
Stated that a state could leave the EU
Bo Jo 2019
Progation of parliament
Judges ruled this as unlawful bc reason was to stifle debate
Jonson had to recall parliment