The Role Of The Supreme Court + Its Impact

Question 1

Why was the SC created?

Answer 1

-concerns over incomplete separation of powers present after removal fusion of powers where LC was most powerful + held powers together
-widespread criticism of system under which Law Lords were appointed — improvement of appointments process
-confusion among public over status, role + work of law lords + role HOL

Question 2

What are the key functions of the SC?

Answer 2

-acts as final court of appeal in England, wales + NI
-to hear appeals from civil cases in Scotland
-hear appeals where there is uncertainty in law + clarify meaning of law
-by doing this it may hold govt to account

Question 3

What key doctrines underpin the work of the SC?

Answer 3

-the rule of law
-judicial independence
-judicial impartiality

Question 4

What is the rule of law?

Answer 4

-AV Dicey described 3 key elements to demonstrate what social justice is
-1. No punishment without trial
-2. No one is above the law + are subject to the same justice
-3. General principles of constitution result from judges decisions

Question 5

What is no punishment without trial in the rule of law?

Answer 5

-good sense in theory but no always maintained in practice
-e.g. terrorist subjects subject to range of punishments without trial under measures passed since 2001 including in definite detention

Question 6

What is no one is above the law in the rule of law?

Answer 6

-a principle true in all liberal democracies
-but have always been those above the law
-e.g. the monarch, international ambassadors + MPs under parliamentary privilege

Question 7

What the the general principle of constitution result from the judges decisions in the rule of law.

Answer 7

-decisions of judges have part to play defining UKs constitutional arrangements
-parl remains sovereign + statute law reigns supreme
-any legal precedent can be overturned by means of simple act of parl

Question 8

What is judicial independence?

Answer 8

-principle that those in judiciary should be free from political control
-such independence allows judges to ‘do the right thing’ + apply justice properly without fear of consequences
-absence of this threatens judicial impartiality as if judges subject to external control, impartiality is compromised but judges may allow personal lives to influence admission of justice

Question 9

What is the feature of security of tenure that supports judicial independence?

Answer 9

-judges appointed for open ended term making it harder for politicians to bring influence to bear by threatening sack or suspend them
-removing judge by impeachment requires vote from both houses of parl

Question 10

What is the feature of guaranteed salaries in judicial independence?

Answer 10

-judges salaries paid automatically from consolidation fund
-means politicians unable manipulate judges salaries as a way of controlling them

Question 11

What is a growing separation of powers in judicial independence?

Answer 11

-downgrading of post of LC + creation new SC enhanced separation between senior judiciary + other branches of govt

Question 12

What is an independent appointments system in judicial independence?

Answer 12

-creation of JAC under CRA 2005 brought greater transparency to process of judicial appointments
-it served to address accusations of political bias

Question 13

What is judicial impartiality?

Answer 13

-judges operate without personal bias in their administration of justice
-an essential requirement of the rule of law

Question 14

How is judicial impartiality guaranteed?

Answer 14

-it is impossible to guarantee
-judges only human + inevitably bring some degree of personal bias to their work
-but promise universal application of law under rule of law requires such bias banned from judicial decisions

Question 15

What are the 4 main ways in which judicial impartiality is achieved?

Answer 15

-anonymity
-political activity
-legal justifications of judgements
-high-level training

Question 16

What is anonymity in judicial impartiality?

Answer 16

-judges operate away from public eyes + rarely speak out publicly on issues
-senior judges expected avoid being drawn into open defence of their rulings or open criticism of those in govt

Question 17

What is political activity in judicial impartiality?

Answer 17

-judges not supposed campaign on behalf of PP or PG
-justices do retain right to vote but political views shouldn’t become public record

Question 18

What are legal justifications of judgements in judicial impartiality?

Answer 18

-fact senior judges expected explain how decisions are rooted in law makes it less likely those decisions will be coloured by personal bias
-SC decisions published in full on courts website

Question 19

What is high level training in judicial impartiality?

Answer 19

-judges part of profession that is highly trained + regulated by law society
-elevation to the bench would suggest ability to put personal bias to one side
-additional guiding + training can be offered where concerns exist

Question 20

What are the threats to judicial impartiality?

Answer 20

-narrow recruiting pool from which judges have traditionally been drawn
-recent years judges been drawn into more openly political conflicts e.g. passing of HRA criticised for resulting in politicisation of judiciary