Supreme Court Flashcards
What does the final court of appeal mean?
It hears appeals from senior courts in the UK
What is the European court of justice?
The highest court in the EU in matters of EU law
What is the relationship between the ECJ and UK Supreme Court?
The ECJ interprets EU law and masked sure all member states are abiding by this, it sets binding precedents that must be followed by all national courts
What is judicial review?
The process by which judges review the actions of public officials or public bodies in order to determine whether or not they have acted in a manner that is lawful.
What did the constitutional reform act do?
Reduced the power of the lord chancellor and placed most senior judicial appointments into the hands of a new, independent judicial appointments commission.
How many Law lords are there?
12
Why was the Supreme Court established?
- concerns over the incomplete separation of powers
- criticisms over the appointment process
- confusion over the work of the law lords
What are the functions of the Supreme Court?
- act as the final court of appeal
- clarify the meaning of the law
What are secret soundings?
The informal and secretive way in which most senior UK judges were once appointed. Describes the way in which the lord chancellor consulted in secret with close associates.
What is a qualifying practitioner?
Someone who has a senior courts qualification
What are the requirements to be a justice of the Supreme Court?
- held a high judicial office for at least 2 years
- been a qualifying practitioner for 15 years
How many justices were Oxbridge graduates?
10
How many Supreme Court justices are women?
1
What are the “twin pillars” of the UK constitution ?
Rule of law
Parliamentary sovereignty
According to dicey what are the three main strands of the rule of law?
- no one can be punished without trial
- no one is above the law
- general principles of the constitution result from the judges decisions rather than from parliamentary statute
What does judicial independence mean?
- principle that those in the judiciary should be free from political control
- independence allows judges to do the right thing and apply justice properly
What is judicial neutrality?
- where judges operate Impartially in their administration of justice
- essential requirement of the rule of law
How is judicial independence maintained?
- security of tenure - must retire by age 75
- guaranteed salaries
- growing separation if powers
- independent appointments system
What precedent did the Factortame case establish?
The ability of the Supreme Court to suspend acts of Parliament where they contradict EU law
How has the HRA caused the UK judiciary to become more politicised?
HRA has drawn senior judges into the fray by requiring them to rue on the merit of an individual piece of statute law as opposed to its application
How have politicians breaking convention brought them into the political fray?
They have publicly criticised ruling handed down by senior judges, “brexit minister” David Davis criticised the ruling that article 5 couldn’t be triggered without parliamentary approval
What is the constitutional reform act 2005?
It reduced the power of the lord chancellor and placed most senior judicial appointment into the hands of a new JAC
What was the CRA aimed at doing?
Aimed at enhancing the separation of powers and result in a senior judicial that was more socially representative.
What threats are there to judicial neutrality?
- the appointments process, most judges are oxbridge graduates, white and middle class
What is common law?
the part of English law that is derived from custom and judicial precedent rather than statutes.
What is factortame?
A case in which the ECJ established the precedent that UK courts can suspend UK statute law where it appears to violate EU law.
When was Factortame?
1990
When did the HRA come into force?
2000
What is derogation?
A process by which a country is exempted, perhaps temporarily, from observing a law or regulation it has previously agreed to abide by
What does article 15 of the ECHR require governments to do?
To permit to derogation some of the conventions articles in times of national crisis
What has given the UK judiciary a greater impact on the work of the executive and parliament in recent years?
- CRA 2005 has enhanced judicial independence
- HRA allowed judges to directly question acts of Parliament
- factortame allows judges to suspend acts of Parliament
- Maastricht treaty brought judges into conflict with the executive
What does quasi legislative mean?
Where the impact of differences in the supreme courts interpretations over time can appear tantamount to a legislative change, even though parliament has made no change to statute law.
What are the arguments for the Supreme Court being too powerful?
- courts unelected
- growing authority of the court
What is the impact of brexit on the UK Supreme Court?
- it would NOT remove obligations under the ECHR
What did the treaty of Rome establish?
It established that EU law should take precedence over UK law.
What are the twin pillars of the judiciary?
Judicial independence and neutrality
When were the US supreme courts powers discovered?
In the case Marbury v Madison
What are the differences between the bill of rights and HRA?
Bill of rights are entrenched, whereas the HRA can be repealed or derogated in times of national emergency.
What are secret soundings?
The informal and secretive way in which most senior UK judges were once appointed. Shows the way in which the lord chancellor consulted in secret with close associates and those already serving in the senior judiciary.
What is the ad hoc selection commission?
They select candidates to sit on the UK Supreme Court
Why can the selection process be considered politically influenced?
Because the appointments process still involves a government minister.
What is the building called where the Supreme Court is?
Middlesex guildhall
How has UK’s supreme courts judicial review grown?
- growing importance of EU law
- Increased status given to the European convention on human rights under the HRA 1998
What is an example of the uk Supreme Court hearing a case relating to EU law?
US v Nolan (2015)
What happened in the US v Nolan?
US government argued that he Secretary of State had acted ultra vires under the ECA
Where can the Supreme Court issue a deceleration of incompatibility under the HRA?
Where parliamentary statute appears to violate the rights guaranteed
What happened in Reilly v Secretary of State for work and pensions?
It ruled that the government department had not established slavery, which is prohibited under the ECHR but had acted beyond the authority given to it by parliament under statute law
How can the HRA be seen to have hidden influence?
Through the process by which draft legislation is now examined by parliaments joint committee on human rights in order to ensure that it is compatible with the HRA
What’s the difference between the ECJ and ECHR?
ECJ - Supreme Court of the EU
- hears cases arising under EU law
ECHR - established by the council of Europe
- hears cases brought under the European convention on human rights
What will happen to the supremes courts power under brexit?
- involve withdrawing from the treaty of Rome, meaning that Eu law would no longer take precedence over UK law and the ECJ would no longer have jurisdiction over the UK
What does article 3 of the US constitution set out?
Sets out the organisation of the federal and judiciary court
