The Judiciary UK Flashcards
When was the supreme court (UKSC) established
It was established on 16th October 2009. This is the highest court of appeal in the UK, it used to be found in the House of Lords. The 2005 Constitutional Reform Act created a separate Supreme Court for the UK.
How are Supreme Court Justices chosen
An independent selection committee is set up, consisting of representatives from the different legal jurisdictions of the UK. To be eligible to become a Justice, an individual must have been High Court or Court of Appeal judge for 2 years or a practicing lawyer for 15 years. Once a new justice has been nominated their name is sent to the Lord Chancellor who can in certain circumstances reject them or ask for reconsideration. The name is then sent to the PM, who sends it onto the Queen who appoints them.
Who are the Supreme Court Justices
There are 12 justices (11 men and 1 woman, they are from different parts of the UK, all are white).
How long can Justices remain
Until the age of 70 if appointed to the bench after the 31st March 1995 or 75 if appointed before this date. Unless they choose to step down or resign.
How many cases want to come to the Supreme Court
They receive around 230 application and hears about 90 cases per year.
How does a case get to the Supreme Court
A case comes on appeal from the lower courts. A panel of 3 Justices consider written applications to decide if it is an arguable point of law of general public importance. Most cases come from the court of appeal although they can leapfrog from the high court in certain circumstances.
How are cases heard
Usually hear cases in a panel of 5. Most cases are presented orally for 2 days.
How do they reach a decision on the case
The justices have a preliminary meeting before the hearing to discuss their initial thought. They then have meetings after the case when they discuss their judgement and write drafts of their judgement (the view of the majority).
What power does the supreme court have
They can decide that certain legislation is incompatible with the Human Rights Act 1998, or the European Convention of Human Rights. Parliament must decide what to do about these incompatibilities.
How accessible is the supreme court
Judgements are published on the UKSC, with a summary. Cameras record hearings in each court room which are streamed live on the sky news website. The building is open to the public.
