supreme court operates with sufficient independence and neutrality

Question 1

separation of powers (independence)

Answer 1

-Constitutional Reform Act 2005 separated the judges from parliament establishing a separate supreme court
-since 2009 and the implementation of separation of powers, serving justices cannot sit in the lords
-judicial independence was not enhanced greatly as the law lords operated free from political influence
-but the judiciary has its own high profile public platform for the first time

Question 2

JAC (independence)

Answer 2

-prior to the CRA, the Lord Chancellor who sat in all three branches of government, supervised judicial appointments known as a ‘tap on the shoulder’
-JAC and the new appointments process are significantly independent, judges choose judges e.g. Lady Rose was appointed due to her significance in the court of appeal
-‘tie break’ clause: two candidates of equal merit one can be promoted to increase diversity
-exceutive branch can theoretically veto appointments

Question 3

other ways in which independence is protected

Answer 3

-judicial immunity: judges are given immunity from prosecution for their rulings
-elite training: many top justices have been trained at top institutions only the ‘best of the best’ make it through the ranks of the judiciary
-supreme court budget: separate staff requires a separate budget
-salaries are independent: pay is set by an independent pay review body, paid well for their expertise

Question 4

rulings against government

Answer 4

-the court rules against all governments
-it upholds the rule of law and has ruled against several governments e.g. Labour, Blair’s anti-terrorism act was ruled ultra vires
-its primary concern is preventing ministers acting ultra vires and citizen’s liberties are protected rather than advancing a political agenda

Question 5

positive developments for representation

Answer 5

-progress for women is slow as it takes decades to progress through the ranks
-recruitment pool reflect imbalance in the judiciary, Vivien Rose started practicing law in 1984
-women are much better represented in the modern judiciary, since 2010 the proportion of women has risen from 2 in 10 to 3 in 10

Question 6

underrepresentation of minorities

Answer 6

-in 2019 ethnic minorities made up 7% of judges but 14% of the population, some progressives argue this can lead to ethno-centric decision making judiciary is often described a ‘male, pale, and stale’
-lack of diversity would be shameful if it persist
-the government has rejected calls for targets and will allow progression with merit

Question 7

issues surrounding kilmuir guidlines

Answer 7

-judges are increasingly in breach of kilmuir guidelines that prohibit judges from taking part in public debate concerning policy matters
-Brenda Hale caused controversy by stating conservative’s ‘austerity policies’ have ‘undoubtedly’ made life more difficult for struggling families