Supreme Court

Question 1

Fusion of Powers

Answer 1

overlap between two or more branches

Question 2

Example of Fusion of Powers

Answer 2

MPs can be executive
Law Lords before the creation of the SC in 2009

Question 3

Issues with Fusion Of Powers

Answer 3

can be bias
undermines the extend we can hold the gov to account

Question 4

What Acts Established The SC?

Answer 4

The Constitutional Reform Act 2005 - moved it away from HL
The Supreme Court Act 2009 - created it

Question 5

The Original Roles Of The Lord Chancellor

Answer 5

cabinet minister, supervise legal system (executive)
chairmen of sitting of the HL (legislative)
head of judiciary, appoints judges (judiciary)

Question 6

Problems with the Original Roles Of The Lord Chancellor

Answer 6

too much power/ overlap
breaches the principle of separation of power
not democratic

Question 7

Which Roles Were Taken From The Lord Chancellor?

Answer 7

chairmen of sitting of the HL (legislative)
- given to Lord Speaker
head of judiciary, appoints judges (judiciary)
- Independent Judicial Appointment Committee

Question 8

The Aims Of The 2005 Reforms

Answer 8

bring greater transparency
bring UK in line with other modern democracies
end fusion of power

Question 9

Main Roles of The SC?

Answer 9

hear appeals on arguable points of law that involve nation and constitutional issues

Question 10

How To Become A Member of SC?

Answer 10

serve as senior judge for 2 years
lawyer for at least 15 years

Question 11

Judicial Neutrality

Answer 11

make decisions without bias

Question 12

Ways To Protect JN

Answer 12

Conflicts of Interest
- refuse to sit on cases with family/friend/ professional associate
Public Activities
- avoid politics = politically neutral

Question 13

Judicial Independence

Answer 13

free from political interference
so they can judge on a conflict between state and citizen

Question 14

Judicial Independence Maintained

Answer 14

Physical separation as SC is on Middlesex Guildhall while P on Westminster Square
Judge can’t be an MP
Salary determined by Senior Salaries Review Body and paid by Consolidated Fund
Act of Settlement 1701 - judged fired by both houses = tenure as unlikely to happen
The Constitutional Reform Act 2005 - remove Law Lords, SC in 2009
Judicial Appointments Committee appoints instead of Lord Chancellor

Question 15

Judicial Independence Not Maintained

Answer 15

Justice Secretary
can reject nominee
but only in exceptional circumstances
but still prevents full separation of power

Question 16

Judicial Neutrality Maintained

Answer 16

case open to public
live streamed

Question 17

Judicial Neutrality Not Maintained

Answer 17

elitist/ out of touch
drawn into major political disputes
- HRA/Brexit cases

Question 18

Why Were The 3 Judges “Enemies Of The People”?

Answer 18

said gov would need Parliamentary consent to trigger Article 50 for Brexit as ref are not binding
already had referendum consent (52%)
delayed Brexit
+ Brexit is more legitimate as people and parliament wanted it

Question 19

SC’s actions is an Act is in conflict with ECHR

Answer 19

determines if gov’s actions are according to law through judicial review
if unlawful then decision is quashed
declaration of incompatibility (Rwanda Safety Bill, Abu Qatada)

Question 20

Ultra Vires

Answer 20

if a public body or gov had gone beyond their authority

Question 21

Judicial Review +

Answer 21

professionals
separation of power can hold gov to account
appointed by IJAC
prevents tyranny of majority
does right over popular thing

Question 22

Judicial Review -

Answer 22

unelected so shouldnt go against democratic democratic legitimacy of gov
no right to stop things that are popular or mandate