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 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
As of 2021 how was the UK supreme court unrepresentative in terms of education
92% of 12 judges attended oxford or cambridge compared to 1% of Uk population
As of 2021 how was the UK Supreme court unrepresentative in terms of ethnicity
0 judges fom minority ethnic backrounds compared to 14% of the UK
As of 2021 how was the UK supreme court unrepresentative in terms of gender
2 out of 12 judges (17%) compared to 51% of UK
Explain what is meant by legal precedent
The UK judiciary makes decisions that become precedence and guide the rulings of lower courts
What is the senior judiciary
Justices of the supreme court, heads of divisions, lord justices of appeal high court judges and deputy high court judges
Prior to the 2005 reform - what was the lord chancellors role in parliament
- cabinet minister in government (executive)
- chairman of sittings in the HOL (legislative)
- head of judiciary that appointed other judges (judicial)
How are judges for the UK supreme court appointed now?
judicial appointments commission
What are the qualifacations to become a UK Supreme court judge
served as a senior judge for 2 years or a qualified lawyer for 15 years
Who is the current president of the UK supreme court
Lord Reed
Give an example of how the Supreme court has been challenged for being unrepresentative
2011 leading newspaper the times called it ‘pale,male and stale’
How are supreme court justices chosen
- nominated by 5-memeber judicial appointments commission
- lord chancellor confirms or rejects (can only reject 3 times before choosing a nominee)
- appointment confirmed by the monarch
What is judicial impartiality
rulings that are based on the law solely and not political opinion or personal bias
How is judicial impartiality obtained
- rarely speaking in public or airing views about the government
- makes rulings on the law and has to explain in detail how they came to that conclusion
how has the composition of the supreme court raised questions about it’s neutrality
narrow composition could lead to inability to fully understand certain cases they are ruling on
Give an example of how the composition of the supreme court afffected it’s neutrality
Radmacher V Granatino (2010)
a prenuptial agreement where the UK supreme court upheld that the claims made in the event of a divorce should be limited
Lady Hale - only female judge pointed ou the precedent from this case would mean that women would loose out and put forward the idea that parliament should deal with issues where gender is a key element rather than a male dominated court
In terms of brexit how has the UK supreme court not upheld judicial impartiality
the high court ruled that parliamenst consent was needed to trigger article 50
the daily mail called the court ‘enemies of the people’
saying that they were denying the wishes of 17.4 million brexit voters
How is judicial independence uphelp in the UK supreme court
- security of tenure
- pay
- appointments
How is judicial independence upheld through the security of tenure
Judges cannot be removed from office unless they have broken a law or impeached by both chambers in parliament
How is the security of judicial independence upheld by pay
judges are paid automatically and independently by budget of consolidation funds - cant be manipulated by government
average salary is £226,193
How is the security of judicial independence upheld by the appointment process
appointed by independent commission, free form government influence and depoliticised
How is Judicial independece being threatened recently
prerogation case and article 50 case led to supreme court being more high profile
judges are not as anonymous and politicians have publicyly spoken about their decisions
The Supreme court’s influence on parliament and the executive
Give an example of how TSC’s declaration of incompatibility with the HRA is not an effective power
The illegal immigration bill introduced by suella braverman 2023 - provisions within the bill would be incompatibile with the HRA but the government wished to procedd nonetheless
The Supreme court’s influence on parliament and the executive
Give an example of how TSC declaration of incompatibility with the HRA is an effective power
civil partnerships act 2004 was declared incompatilible with HRA as same-sex couples could not enter civil partnerships
bill was amended in 2019 ‘civil partnerships, marriage and death’ ACT
Judicial review
explain the 2019 prerogation case - Miller V The Prime minister
2019 - BOJO temporarily suspended parliament as a supposed routine that follows the selection of a new PM however many critics saw this as avoiding parliament scrutiny to make it harder for a no-brexit deal
supreme court declared this unlawful and reinstated parliament allowing it to scrutinise the government
Upholds parliaments scrutiny powers
Explain the 2016 article 50 case
Miller V secretary of state
tackled the issue of whether parliaments consent was needed to trigger article 50
executive said it was in there power to form or leave treaties
court ruled in favour of parliaments consent as leaving the EU would interfer with rights that parliament had been granted through the 1972 European communities act so their consent was needed
Upholds parliaments rights and scrutenises executive actions
Give an example of how the UK SC can uphold the UK government against devolved bodies
tackled whether the scottish parliament can individually legitimate an independence referendum without the UKnparliaments consent
Court ruled that the 1998 scotland act does not grant scotland the power to unitarily legislate for an independence referendum as this is a reserved power to the UK
shows how upholds UK government rights
Explain the 2014 Agriculture sector wales bill case
The agriculture sector wales bill set up an advisory committee for agricultural wages which the UK gov said was acting in ultra vires as it was acting in areas of employment which was not devolved
the UK court ruled in favour of wales citing the GOV OF WALES ACT 2006
the committee was an area of agriculture which was a devolved area of policy
shows how upholds rights of devolved bodies in the UK
Explain the 2015 ‘black spider memos’ case
2015 - journalist rob evans explained that government must release letters sent to them by then prince charles under the Freedom of Information act
UK gov said these were private
supreme court ruled in favour of evans
shows how upholds rights of UK citizens
