The Judiciary Flashcards
What is the relationship of the judiciary to the two other branches of government?
It is independent of the executive and legislature
Why does the UK not have a single legal system?
Because devolved areas have their own legal system
When did the UK supreme court begin its work?
2009
What had acted as the highest court of appeal before the inception of the UK supreme court?
The law lords in the house of lords
When has there been an overlap in the three branches of government?
The lord chancellor was a law lord, speaker in the house of lords and a government minister
What does the supreme court do?
- Resolves cases of constitutional importance
- Determines cases concerning the relative powers of the devolved institutions and the UK government
Why can the UK supreme court not strike down legislation in the way the US supreme court can?
Due to the uncodified constitution and the nature of parliamentary sovereignty
What are the three main ways the judiciary has become more powerful aside from the creation of the supreme court?
- 1998 HRA
- EU membership
- Extension of judicial review
What did the HRA do?
Incorporated the articles of the ECHR into UK law, allowing citizens to pursue cases under the ECHR through UK courts rather than having to take them to the ECHR in Strasbourg
What can the supreme court do to uphold the HRA?
They can issue a declaration of incompatability where an act of parliament is found to have violated rights that are guaranteed under the HRA
Why is the supreme court unable to hold up the HRA absolutely?
They cannot strike down offending legislation, and parliament is not required to amend it. However, in most cases they will
What did the EU have precedence over?
National laws
What happened when EU and UK law came into conflict?
UK law would have to be changed
Why has Brexit allowed greater judicial freedom?
UK courts are no longer bound by EU law or the decisions of the ECHR
What is judicial review?
The process by which judges determine whether public officials or public bodies have acted in a way that is lawful
