Supreme Court Flashcards
Since 2009, what has been the highest court in the U.K.?
Supreme Court
Which Act of Parliament established the U.K. Supreme Court?
Constitutional Reform Act (2005)
Before 2009, where had the final decisions on legal matters in the U.K. been taken?
House of Lords
What name is given to the principle that judges should not be influenced by their personal or political views?
Judicial neutrality
What name is given to the principle that judges should not be influenced by other branches of government, particularly the executive?
Judicial independence
What name is given to the power of the judiciary to to review and sometimes reverse decisions by other branches of government?
Judicial review
Judicial review is often triggered by actions by the executive that are incompatible with which piece of legislation?
Human Rights Act (1998)
What Latin term literally means ‘beyond the powers’?
Ultra vires
Ultra vires means that an action has been taken without the necessary what?
Legal authority
Historically (i.e. prior to constitutional reform), the holder of which office had a place in the legislature, executive and judiciary?
Lord Chancellor
Following the Constitutional Reform Act (2015), the holder of which office is the head of the judiciary?
Lord Chief Justice
A Supreme Court Justice can only be removed in the U.K. by votes in both Houses of Parliament and for what reason?
Misconduct
How many Chief Justices make up the U.K. Supreme Court?
12
How many times has the Minister for Justice rejected a nomination for a Chief Justice?
Never
When the Supreme Court hears criminal or civil cases, what is its role?
To determine whether the law has been applied correctly
Why cannot the Supreme Court strike down Acts of Parliament?
Parliamentary sovereignty
What did the Blair government do with the European Convention on Human Rights in 1998?
Codified it into British law through the Human Rights Act (1998)
The Human Rights Act of 1998 gave people in the U.K. the ability to do what?
Defend their rights under the ECHR in UK courts
How has Brexit changed the relationship between the U.K. and the European Court of Human Rights?
It hasn’t, it is not an EU institution
If a public body such as a government department or a regulatory agency makes a decision which is incompatible with the ECHR, what three things will the Supreme Court do?
Cancel the decision, send the decision back to the relevant authority to be made again and award compensation where necessary, just and appropriate
What happened in the case of AM Zimbabwe v Secretary of State for the Home Department 2020?
A Zimbabwean citizen legally settled in the UK was to be deported following criminal convictions but he was HIV positive and unable to access medication if deported. The SCOTUK granted him the right to appeal under Article 3 of the HRA (freedom from inhumane treatment)
What does it mean if legislation from parliament is declared incompatible with the HRA (under section 4)?
The law will not change automatically but should be changed and although the government could choose to ignore this ruling this is highly unlikely