Supreme Court Flashcards
Where is sovereignty located in theory
Parliament
What has threatened parliamentary sovereignty in recent years
- More presidential PMs taking power away from parliament
- Devolution
- The Media who have more influence over elections
- Supreme Court
How has the Supreme court changed the UK constitution
Over time it became increasingly clear that the Judiciary was being asked to adjudicate upon constitutional issues
Define Judicial neutrality
Absence of any form of partisan or commitment, a refusal to take sides so that the decisions taken are objective
Define Judicial independence
The constitutional principle that the actions of judges should not be influenced by pressure from other branches of government. This allows the SC to protect citizens from the unjustified use of power by government and it can impartially resolve disputes
What are 4 key roles of the SC
- Hears appeals on arguable points of law of general public importance
- concentrates on cases of the greatest public and constitutional importance
- acts as the final court of appeal for all UK civil cases, and criminal cases
- has the assumed role of adjudicating on devolved powers
What is a judicial review
the power to review actions taken by public bodies on the grounds that they are ultra vires (Beyond the power) and to review acts of parliament to see if they are compatible with the HRA
How does the SC operate in the existing framework of Parliamentary sovereignty
It cannot strike down legislation as unconstitutional, instead it is stopping public authorities from doing something that the law forbids, in doing so it is a check on the executive.
Why was the HRA a major constitutional reform
Came into effect in 2000, incorporated the ECHR into UK law, it marked a shift in the UK in favour of an explicit and codified legal definition of individual rights, allowing individuals to bring their Human Rights cases to UK courts, widened the ability for the courts to protect people in the UK
Ethnic minorities in SC
Only 4% of the senior judges of above are from Ethnic minority backgrounds
8% of lower court judges and 12% of tribunal judges are from ethnic minorities
Referred to as ‘Stale, male and pale’
Example of racism in the SC
In September 2020, Alexandra Wilson, a Black Barrister was mistaken for a defendant three times in the same morning
Women in the SC
32% of Court judges and 47% of tribunal judges are women
Women make up 26% of high court and senior judges
Issue with neutrality and Brexit
December 2016, all 11 Supreme Court members gathered to discuss the governments ability to leave the Eu and they argued they did not have the power to trigger article 50 using prerogative powers, questions over their control
How do judges remain neutral
Judges are not allowed to openly endorse political parties, candidates, or groups
judges are expected to have a legal reasoning behind every decision
Judges remain mostly anonymous in an attempt to avoid out side pressure
Evidence of SC and PM not being independent
In the PMQs, Starmer criticised the SC over allowing a family from Gaza the ability to stay in the UK and said ‘Parliament should make the rules on immigration’ yet with greater research you can see the SC made the correct decision
Sign of separation of power with appointment
The CRA established the judicial appointments commission to ensure that there were no concerns about political interference in the appointments process
How does Pay ensure judicial independence
Judges must be paid sufficient salaries to ensure their integrity and impartiality, reduces the chance of bribery and control of the court through monetary manipulation, a non-political body controls the remuneration of the Judiciary
How does job security protect impartiality
Security of tenure means that judges can remain in office until the retirement age of 70, this removes the possibility of demotion or removal which could be used to influence their decision making
How can Senior Judges be removed
Only be an address of both Houses of Parliament, something that has not happened since 1830
Example of the increasing number of Judicial reviews
the number of cases has risen from 4,240 in 2000, up to 15,600 in 2013 with the vast majority being immigration and asylum cases
How have the media had more influence over the SC
They have become more vocal about the rulings made in the court, especially with rulings such as the article 50 ruling which papers such as the Daily mail were quick to critique
Judges speaking out against the media
Lord Neuberger, the president of the SC as the time, came out and criticised the media attacks claiming they undermined the rule of law and the reputation of the legal system
How does the court use media to stay impartial
The SC is live streamed so that they can easily be held accountable and it ensures they explain the legal reasoning behind each of their decisions
Example of lack of diversity affecting a case
Radmacher v Granatino (2010) 9-1 vote with the only woman voting against the ruling, this was over a pre nuptial agreement where the man sued the woman
