the judicary Flashcards
The Role of the UK supreme court
What is the UK Supreme court
The highest court of appeal in the UK for criminal and civil cases
The Role of the UK supreme court
What are 4 functions of the UK Supreme Court
- protecting the rights and libertiesof uk citizens
- enforce the law
- applying EU law
- applying human rights acts
The Role of the UK supreme court
What act established the UK supreme court
2005 Constitutional reform act - replaced the law lords
The Role of the UK supreme court
How is the UK supreme court compositioned
12 Judges
a president
a deputy
10 judges
The Role of the UK supreme court
Do UK judges have a term limit
no - but must retire at 70 if appointed after 1995
(declared by 1993 parliament act)
Supreme court influence
How can the UK supreme court enforce judicial review
can only overturn secondary legislation not primary (acts passed by parliament)
Supreme court influence
What is Ultra Vires in the UK supreme court
when a person acts above their legal authority - beyond their powers
Supreme court influence
Give an example of the supreme court using ultra vires in judicial review
in 2016 Chris Grayling - ruled as acting ultra vires when he introduced a ‘residence test’ to the legal aid act 2012
Supreme court influence
What are 3 ways the UK supreme court has influence over the gov and parliament
- Judicial review
- ultra vires
- opposing government decisions based on human rights act
Supreme court influence
Give an example of the uK Supreme court opposing the government in a declaration of incompatibility
2018 - Civil partership act
court found it incompatible with ECHR as gay couples could marry or have a civil partnership whereas gay couples could not
Supreme court influence
Give an example of the UK supreme court opposing government decisions on the basis of the freedom of information act
2015 - Court held a freedom of information request to publish Prince CHarles letters to government ministers
