The Judiciary (UK)

Question 1

How many Supreme Court Justices are there?

Answer 1

12

Question 2

When did the UK Supreme Court open?

Answer 2

2009

Question 3

Where did Supreme Court Justices sit before the opening of the Supreme Court?

Answer 3

Justices sat as Law Lords in the Appellate Committee of the House of Lords.

Question 4

Which positions make up the senior judiciary?

Answer 4

Heads of division.
Justices of the Supreme Court.
Lord Justices of Appeal.
High Court Justices.

Question 5

How were appointments previously made to the Supreme Court?

Answer 5

Appointments were made by the monarch, who was advised from the PM and the Lord Chancellor.

The Lord Chancellor would make a ‘pick’ from a sounding of those already serving the senior judiciary.

Question 6

Why was the old system of appointing Supreme Court Justices criticised?

Answer 6

Lacked Transparency.
Undermined the separation of powers.

Question 7

What was created to improve the transparency of nominations?

Answer 7

The Judicial Appointment Committee.

Question 8

Constitutional Reform Act (2005)

Answer 8

Reduces the power of the Lord Chancellor.

Puts most senior judicial appointments in the hands of the independent Judicial Appointment Committee (JAC).

Provided the creation of the Supreme Court.

Question 9

What qualifications must an individual hold to be appointed to the UK Supreme Court?

Answer 9

Must have held high judicial office for two years or been a ‘qualifying’ practitioner for 15 years.

Question 10

What does the nomination process look like for the Supreme Court?

Answer 10

A vacancy arises.

A 5 member selection commission convenes to consider possible nominees.

Commission submit their candidate to the Lord Chancellor. (Accept or reject the candidate).

Lord Chancellor accepts the nomination by notifying the PM.

PM then recommends appointed to the monarch.

Appointment confirmed when the monarch issues letters patent.

Question 11

What proportion of Supreme Court Justices went to a private school?

Answer 11

9/12 compared to 7% of the UK population.

Question 12

What proportion of Supreme Court Justices went to oxbridge?

Answer 12

11/12 compared to 1% of the population.

Question 13

What was the average age of a justice in 2021?

Answer 13

65

Question 14

When was the first woman appointed to the UKSC?

Answer 14

2009, Lady Hale.

Then went on to become the first female president of the Supreme Court in 2017.

Question 15

Why was the UK Supreme Court established?

Answer 15

There were concerns over an incomplete separation of powers.

There were criticisms of the system under which Law Lords were appointed.

Confusion in the general public over the status and function of the Law Lords .

Question 15

What are 3 key functions of the Supreme Court?

Answer 15

Final court of appeals.

To hear appeals of civil cases in Scotland.

To hear appeals in cases where there is uncertainty to clarify the meaning of a law.

Question 16

What does A.V.Dicey state that the ‘rule of law’ is?

Answer 16

One of the twin pillars of the English Constitution.

Question 17

What does Dicey identify as the 3 strands of the ‘rule of law’?

Answer 17

No one can be punished without trial.

No one is above the law and all are subject to the same justice.

The general principle of the Consitution is the result of decisions from justices.

Question 18

Example going against the statement “No one can be punished without trial”?

Answer 18

Terrorist suspects have been subject to a range of punishments without trial since 2001.
Indefinite detention and the freezing of assets.

Question 19

Example going against the statement “No one is above the law and all are subject to the same justice”?

Answer 19

There are those who are effectively above the law, the monarch, international ambassadors and MPs under parliamentary privilege.

Question 20

Example going against the statement “The general principles of the Constiution result from decisions of judges”?

Answer 20

Parliament remains sovereign, legal precedents can be overturned by an act of parliament.

Question 21

Judicial independence:

Answer 21

The principle that those in the judiciary should be free from political control.

Question 22

Judicial Impartiality:

Answer 22

Judges operate without personal bias in their administration of justice.

Question 23

What features of the UK system support judicial independence?

Answer 23

Security of tenure.
Guaranteed salaries.
Contempt of court.
Growing separation of powers.
An independent appointment system.
Training and experience.

Question 24

Evidence that UKSC justices have security of tenure?

Answer 24

Judges are appointed for an open ended term - politicians can't threaten to remove them. Impeaching a justice requires a vote in both houses.

Question 25

Where do justices salaries come from?

Answer 25

Judge's salaries are paid from the consolidate fund - politicians can't manipulate salaries.

Question 26

How is judicial impartiality guaranteed?

Answer 26

- Anonymity - judges are expected to avoid being drawn into open defence of their rulings. - Political activity. - Legal justifications judgements - High-level training

Question 27

What threats are there to judicial impartiality?

Answer 27

The narrow pool for recruiting justices - most are privately educated and oxbridge graduates, they don't represent a wide range of experiences. The JAC has done little to change this. Passing of the HRA (1998) means that there is greater conflict between judges and politicians.

Question 28

Argument that the UK judiciary has become more politicised?

Answer 28

- HRA (1998) - drew judges into the political fray by requiring them to rule on the 'merit' of an individual piece of statute law, rather than its application. - Factortame v Secretary of State for Transport, meant that courts could suspend acts of parliament that were thought to contradict EU law. - Creation of the Supreme Court brought justices into the public arena, leading to more scrutiny. - Politicians have broken conventions by criticising rulings.

Question 29

Argument that the UK judiciary has not become more politicised?

Answer 29

- The JAC has enhanced transparency and addressed political interference. - Supreme Court has become more independent since the Constitutional Reform Act (2005). - Conflict between justices and politicians shows that the courts are challenging the gov on civil liberties. - Judges benefit from security of tenure and guaranteed salaries.

Question 30

Why can the UKSC not strike down laws?

Answer 30

Parliamentary sovereignty and an uncodified constitution.

Question 31

Judicial Review:

Answer 31

Judges review the actions of public officials/bodies to determine whether they have acted in a manner that is lawful. By doing so they set judicial precedence.

Question 32

What is an ultra vires ruling?

Answer 32

When a public body/official has acted beyond the authority granted to them under the law.

Question 33

Summary of Reilly v Secretary of State for Work and Pensions:

Answer 33

Judges were asked to rule on the lawfulness of the 'welfare to work' scheme. Reilly argued that the DWP had infringed protection against slavery, Article 4 of ECHR. Court ruled that the DWP had not established slavery, but had acted ultra vires.

Question 34

How did the government get around the ruling of Reilly v Secretary of State for Work and Pensions?

Answer 34

Passed the Jobseekers Act (2013) - meant that no offence had been committed. The court state that changing the law retrospectively was incompatible with Article 6 of the ECHR.

Question 35

What was the European Communities Act (1972)?

Answer 35

UK incorporated the Treaty of Rome into UK law. It gave European Law precedence over UK Law. Meant that the government could be held to account at the European court of Justice.

Question 36

What happened in the Factortame case?

Answer 36

Series of connected cases where the ECJ established the precedent that UK courts could suspend any UK Statute law that violated EU law.

Question 37

When was the Human Rights Act Passed in the UK?

Answer 37

1998, comes into effect in 2000. Incorporates ECHR into UK law.

Question 38

Summary of Tigere v Secretary of State for Business (2015) ?

Answer 38

Shows how judges have used ECHR to protect against discrimination. Tigere arrived in England as a child and was given 'discretionary leave to remain', this meant that she wasn't eligible for a student loan because she couldn't apply for 'indefinite leave to remain'. UKSC accepted Tigere's appeal as it went against her Article 2 rights of the ECHR to access an education.

Question 39

Limitations of the Supreme Court's powers under the HRA (1998):

Answer 39

HRA is not entrenched or superior to regular statute. HRA can be derogated (parts of it suspended during times of national emergency). The court can not strike down parliamentary statute under HRA.

Question 40

Argument that the UK judiciary HAS had an impact on the work of the executive and judiciary in recent years?

Answer 40

- CRA (2005) - increased judicial independence, has meant that the judges have had a more public profile. - Allowing cases to be heard under ECHR has increased the court power. - Precedent established under Factortame - allows judges to suspend actions of the executive that are against EU law. - Maastricht Treaty (1992) brought conflict between judges and politicians over a wider range of policy.

Question 41

Argument that the UK judiciary HAS NOT had an impact on the work of the executive and judiciary in recent years?

Answer 41

- Relocation of the court in 2009 didn't change the constitutional relationship with the judiciary. - Parliament is under no legal obligation to fall in line with a court's ruling. - Senior judges can assess that a politician has acted ultra vires, however they can use retrospective legislation to legitimise their actions. - Brexit meant that the UK would not be subject to EU law after its leaving period.

Question 42

Features of the European Court of Human Rights:

Answer 42

- Established by the council of Europe. - Hears cases brought under ECHR. - Not an EU body.

Question 43

Features of the European Court of Justice:

Answer 43

- Supreme Court of the EU. - Hears cases under EU law. - Based in Luxembourg.

Question 44

How did Brexit affects the UKs obligations to EU Law?

Answer 44

- Brexit involved withdrawing from the Treaty of Rome. - EU law would no longer take precedent over UK law.

Question 45

Impact leaving the EU had on the Supreme Court:

Answer 45

- Proportion of cases had related to EU law were removed. - Supreme Court no longer enforced with enforcing EU law over UK law. - Removed a court superior to the UKSC, enhances its authority.

Question 46

Summary of R v Horncastle (2009):

Answer 46

Hearsay evidence could be used as a basis of a conviction.

Question 47

Summary of Prest v Petrodel Ltd (2013):

Answer 47

Company assets should be seen as separate from individual assets.

Question 48

Summary of Nicklinson v Minsitry for Justice:

Answer 48

Article 8 of the ECHR couldn't be used to justify assisted suicide over the Suicide Act (1996)

Question 49

Summary of Sutherland v Her Majesty's Advocate (2020):

Answer 49

Sutherland was convicted of communicating indecently with a 13 year old (actually a 48 year old decoy). Court unanimously rejected Sutherlands appeal that using covertly obtained evidence breached Article 8 of the ECHR.

Question 50

Summary of Begum v Special Immigration Appeals (2020):

Answer 50

Court of Appeal rolled that Begum had the right under Articles 2 & 3 of ECHR to challenge the UK governments decision to strip her of her citizenship. She would also be permitted to return to the UK to plead her case.

Question 51

Summary of the Supreme Court Prorogation ruling (2019):

Answer 51

- The court found that the use of the royal prerogative to prorogue parliament must respect the convention of parliamentary sovereignty. - Declared Johnson's prorogation of parliament unlawful.