The Supreme Court Flashcards
When and What is the constitutional reform act
2005 CRA removed the law lords which originally was the highest court of appeal in the UK, established the supreme court however only properly established in 2009
put the appointment of the most senior judges in the hands of JAC - Judicial Appointments commission.
what are the functions of the supreme court
Act as the final court of appeal in England, Wales and Northern Ireland not Scotland however hear appeals from civil cases in Scotland (not criminal cases)
clarify the meaning of the law, hearing appeals in cases.
What is the Rule of law
Doctrine of the UK constitution under which justice is guaranteed to all, no one is above the law
A. V. Dicey saw the rule of law as one of the ‘twin pillars’ of the constitution the other was parliamentary sovereignty
- no one can be punished without trial
- no one is above the law
- the general principles of the constitution result form the judges’ decisions rather than from parliamentary statute.
what is common law
the body of legal precedent resulting form the rulings of senior judges. sometimes referred to as case law or judge made law
what is judicial review
the process by which judges review the actions of public officials or public bodies
What is Ultra Vires
Translates to ‘beyond the authority’ or ‘beyond one’s powers’ the process of judicial review can be used to determine whether or not a minister or other government officer has acted ultra vires.
What was Factortame
A case in which the ECJ established the precedent that UK courts can suspend uk statute law where it apereas to violate EU law, at least until the ECJ is able to make a final determination as to the legality of the statue in question.
this was about the fishing in European waters.
how can the supreme court be seen as too powerful
unelected nature, growing authority
why is the supreme court not too powerful
it has no legislative power as parliament is sovereign and can only make recommendations to the government and cannot enforce laws.
Quasi-legilsate
impact of supreme court interpterion’s over time can appear tantamount to legislative change even though parliament has made no change to statue law
