Supreme Court Flashcards
what is the Supreme Court?
The Supreme Court is the highest Court of Appeal and the highest court in the UK political system
what did the Supreme Court increase?
The Supreme Court increased the separation of powers by bringing an end to the highest court in the land being located in the House of Lords
what is the power relationship within the UK system of government?
there is a fusion of powers within the UK system of government
essentially, there is an overlap between the three branches of government…
- legislature — makes laws
- executive — takes and implements decisions on policy
- judiciary — interprets the law through rulings made in court cases
although in recent years, the UK has moved towards a greater separation of powers
what is the judiciary?
The judiciary interprets the law through rulings made in court cases
when was the Supreme Court established?
The Supreme Court was established through the Constitutional Reform Act 2005 and opened in 2009
before this, law lords (the most senior judges) sat in the House of Lords and were known as the Appellate Committee of the House of Lords
what was the establishment of the Supreme Court designed to end?
the establishment of the Supreme Court was designed to end the fusion of powers at the highest level of the UK judiciary
it created greater transparency and brought the UK more into line with other western countries
it did this by establishing the country’s highest court as clearly independent of Parliament
why is it important to separate powers?
it is important to separate powers between the three branches of government
for example, separating powers between the judiciary and other branches of government ensures that it is free from political influence
what does the Judicial Committee of the Privy Council deal with?
The Judicial Committee of the Privy Council deals with cases from the Commonwealth or overseas territories
what types of cases are heard in the Supreme Court?
only a few cases reach the Supreme Court
they must address a wider social concern and be of general public importance
who is Lady Hale?
Lady Hale is the President of the Supreme Court and is the first woman to ever be appointed
what does the Supreme Court do?
The Supreme Court sets precedent for all of the courts, meaning that all other courts must follow its decisions — this is known as the doctrine of precedent
what is the set up of the Supreme Court?
Justices sit on a panel and lawyers sit on the other side (much like a discussion)
there is no jury, witness box, etc
unlike other courts
what did the Constitutional Reform Act 2005 do?
the CRA 2005 also changed the role of the Lord Chancellor, who was previously…
- Cabinet minister — supervised the legal system (executive)
- Chairman of sittings in the House of Lords (legislature)
- Head of the judiciary, appointed other judges (judiciary)
there was big overlap between the three branches of government, as seen in the different roles of the Lord Chancellor
The CRA 2005 removed the last two of these roles from the Lord Chancellor
The House of Lords is now chaired by the Lord Speaker and judges are selected by an independent Judicial Appointments Commission
how did the CRA reduce the fusion of powers?
The CRA reduced the fusion of powers in two main ways…
- establishing the Supreme Court
- reforming the role of Lord Chancellor
what are the key principles of the Supreme Court?
neutrality — judges act without bias and make judgements based on law, not on their own personal values, key principle in the rule of law
independence — freedom from external control, judges are free from pressure from political bodies, allows judges to make decisions based solely on law, protects neutrality and important when the government is being taken to court
how independent/neutral is the judiciary?
S — security of tenure for judges
E — experienced, will rarely be biased or influenced by personal views
C — contempt of court
G — guaranteed salary, free from financial pressures
S — separation of powers (e.g. Lord Chancellor’s role was reformed under the CRA 2005)
I — independent appointments system (JAC)
P — political neutrality
A — anonymity
L — legal justification
what are threats to the independence of the judiciary?
One of the threats to the independence of the judiciary is that the government retains control via the Ministry of Justice
The Prime Minister has a veto over JAC appointments
there is also outside pressure from the media
although the case of Abu Qatada shows that the judiciary is generally independent
what are the threats to the neutrality of the judiciary?
elitism (most of the Supreme Court Justices were educated at Oxbridge)
there are only three women and no ethnic minorities
The human rights act 1998 and the constitutional reform act 2005 have given the court more of a say in upholding minority and individual rights
what is the relationship between the judiciary and executive?
until the 1970s, the judiciary was largely a Conservative body acting as a servant of the state rather than an equal partner but this has changed due to…
- growth of judicial review
- rise of liberal ideology and a ‘rights culture’
- appointment of more liberal judges since the 1990s
- introduction of the HRA 1998, allowing judges to declare that a law is incompatible with the HRA
- CRA 2005 separated the law lords from the House of Lords and established the Supreme Court
what is the impact of the judiciary on the executive and Parliament?
can use the HRA 1998 to say a law is incompatible with the act
courts can say actions of a public body are ultra vires (acting beyond their powers)
judicial review
public inquiries — judges are often appointed to be the heads of such inquiries
what are some issues that the judiciary and the executive/Parliament have come into conflict over?
issues they have come into conflict over include…
- terrorism v liberty
- parliamentary privilege
- Brexit (Gina Miller case)
- freedom of information
- human rights
- sentencing
what does ultra vires mean?
ultra vires means ‘beyond power’
it is when a public body has acted beyond their powers
what is the role of the Supreme Court?
The UK does not have a single, unified legal system — there are three different systems (One for England and Wales, one for Scotland and one for Northern Ireland) but the Supreme Court is the only UK wide court
it acts as a final court of appeal for rulings made by lower courts
it is the final court of appeal for criminal cases in England, Wales and Northern Ireland and the final court of appeal for all civil cases across the UK
hears appeals on arguable points of law where matters of wider public and constitutional importance are involved
until the UK leaves the EU, the court also has a responsibility to interpret laws passed by the EU
makes rulings on cases where devolved bodies in Scotland, Wales and Northern Ireland may not have acted within their powers (see case study)
CASE STUDY: the Supreme Court making a ruling on a case where a devolved body may not have acted within its powers
in July 2016, the Supreme Court overruled the Scottish government’s scheme to introduce the ‘named prison’ service which planned to appoint state guardians (such as health visitors or headteachers) to be responsible for the well-being of children
The Supreme Court ruled that this legislation was in direct conflict with article 8 of the human rights act (the right to a private and family life) as it would allow public bodies to share personal information without consent
this is an example of the Supreme Court ruling that a devolved body had exceeded its powers
