the supreme court

Question 1

why was the constitutional reform act introduced?

Answer 1

to guarantee independence of the judiciary

Question 2

before the constitutional reform act

Answer 2

• 12 law lords were members of the Lords and neutral cross benchers
• the head of the Law Lords was Lord Chancellor, who had three roles (speaker of HOL, cabinet minister and was the most senior judge in the UK), member of all 3 branches of government
• law lord also appointed senior judges

Question 3

after the constitutional reform act

Answer 3

• Lord Chancellor was no longer head of judiciary, this was now Lord Chief Justice
• Lord Chancellor could no longer speaker of the HOL
• the judges could no longer be dismissed on the basis of their decisions in court, only their acts of misconduct, and through a vote from both houses

Question 4

the role of the supreme court

Answer 4

Judicial Review: establishing what legal powers government/ other bodies have, bodies like school, NHS etc. (e.g when a public body has acting ‘ultra vires’)

Interpretation of Law: confirmation of how all laws in the UK should be interpreted, they would confirm the meaning of statuate/common laws that aren’t 100% clear

Determine Human Rights: they are asked to review a citizens case and examine whether their claims are justified, which could lead to compensation or reversal of a decision

Question 5

give one example of a case where the supreme court carried out judicial review

Answer 5

Miller v Secretary of State- refer to case study on notion

Question 6

4 ways to maintain judicial neutrality

Answer 6

the rule of law: decisions must be made on the basis of the rule of law, it is crucial!

peer review: after a decision is made, it must be reviewed by at least 5 judges before it is finalised to prevent personal biases towards decison making

restrictions on group membership: judges are not allowed to join/follow a political party, but they can vote

training and experience: judges must be highly qualified and highly experienced, so that they are accustomed to the idea of neutrality

Question 7

are judges truly independent and neutral? (arguments for)

Answer 7

• the constitutional reform act created independence
• judges can’t be removed as a result of their decisions
• cannot be threatened with a loss of income, even if politicians are unhappy with decisions being made
• cannot be bribed as an independent body decides their pay

Question 8

are judges truly independent and neutral? (arguments against)

Answer 8

• neutrality is challenged as they have very narrow social backgrounds
• it can be argued that the supreme court has too many lawyers who favour rights over law and order
• there is a risk of politicians trying to change the supreme court, for example, when Johnson made a proposal for each justice to be confirmed by Parliament, this would politicise court

Question 9

what is the Terrorist Asset Freezing Act 2010 and why was it passed?

Answer 9

• it gave Parliament the power to freeze terrorist suspects bank assets
• it was passed because the Supreme Court didn’t agree with Gordon Browns idea to freeze terrorist suspects assets, so later on that year, it was passed to give Parliament the power to do so, but the Supreme Court couldn’t do anything about it

Question 10

why could it be seen that Parliament have more power than the Supreme Court over the Human Rights Act?

Answer 10

the Human Rights Act wasn’t entrenched, meaning Ministers could change or abolish the Act. Johnson had spoken about replacing it with the Bill of Rights. this would increase the power of Parliament and decrease the power of the judiciary

Question 11

what is elective dictatorship?

Answer 11

when the government dominates Parliament, often done through a large majority

Question 12

how was an elective dictatorship unsuccessful?

Answer 12

the court challenged the authority of government in Johnson’s defeat in 2019 when he tried to prorogue parliament

Question 13

ways to maintain judicial independence

what is security of tenure?

Answer 13

judges can’t be dismissed from decisions they make. Therefore judges can make decisions without fear of dismissal, even if these decisions offend government

Question 14

ways to maintain judicial independence

what is the rule of sub judice?

Answer 14

no servant of government can interfere or comment on any case in court. This would prevent political pressure being put on judges

Question 15

ways to maintain judicial independence

what is independent appointments?

Answer 15

since 2005, appointmnets are done independently from government

Question 16

what is the importance of training and experience in the supreme court?

Answer 16

judges must be highly qualified and highly experienced, so that they are accustomed to the idea of neutrality

Question 17

how does judicial pay keep the supreme court neutral?

Answer 17

to avoid bribery/ influence through pay, judges salaries are decided by an independent body

Question 18

what is an ultra vires?

Answer 18

an action taken without legal authority when it is needed

Question 19

how is judicial review an important role?

Answer 19

it ensures the government does not overstep its powers, and it asserts the rights of citizens

Question 20

how judicial review has been applied in the UK

acting ultra vires: R (Miller) v The Prime Minister 2019

Answer 20

in 2019, Bojo decided to prorogue parliament, many said this was an excuse for him to extend the deadline for Brexit

but Gina Miller brought a case with lots of support, arguing that by suspending parliament, the PM was exceeding his powers and acted illegally, which the Supreme Court agreed with, leading to parliament no longer being prorogued

Question 21

the composition of the supreme court

the appointment process

Answer 21

• vacancy occurs (retirement, removal or a justice stepped down)
• the lord chancellor must convene a special commission with the president of the SC, another UK judge and a representative of each of the 3 legislative bodies in the UK.
• position is advertised by the commission
• the commission carries out interviews withr shortlisted candidates
• the commission wil produce a report of a recommendation
• lord chancellor may accept or reject recommendation
• once accepted, the name is passed onto PM, then to the Monarch for formal approval

Question 22

how does the supreme court influence parliament?

Answer 22

• Parliament is sovereign, meaning it can do whatever it wants to pass any law, the SC can only pass opinion on law and recommend change
• a lot of the supreme courts power at the moment relies on the Human Rights Act but this can be repealed and replaced,like how the conservatives in 2015’s manifesto stated that they wanted to replace the human rights act with the british bill of rights
• overall, Parliament has more powers than the supreme court

Question 23

how does the supreme court influence the executive?

Answer 23

• up until the 1970s, the supreme court was seen as servants of the state rather than an equal partner

but this concept changed over time due to:
* the rise in liberal ideology
* the constitutional reform act 2005, improved the indpendence of the judiciary
* the passage of the human rights act 1998

so now, the supreme court no longer see themselves as a subordinate to the judicary and they can confidently challenge government

Question 24

who can establish right better? SC or executive?

the claims of government

Answer 24

• executive is elected and accountable, judges aren’t
• executive can respond to public opinion
• executive has responsibility to protect citizens
• executive has a clear mandate to run the country and protect citizens

Question 25

who can establish right better? SC or executive?

the claims of the judiciary

Answer 25

• no political interference
• immune to outside populist influences
• because they are unelected, they can take a long term view, but politicians have to consider short term re election prospects

Question 26

what is an electative dictatorship?

Answer 26

a government that dominates parliament, usually due to a large majority, and therefore has few limits on its power

Question 27

factors that allow the supreme court to influence the executive and parliament

Answer 27

• the independence of court is guaranteed by law
• can set aside executive actions that contradict the ECHR or the rule of law
• can interpret law, so it can affect the way it is being implemented
• although it can’t overrule parliament, it can declare legislation incompatible with the ECHR

Question 28

factors that limit the ability of the supreme court to influence the executive and parliament

Answer 28

• cannot activate its own cases
• the sovereignty of parliament means that its judgements can be overturned by parliamentary statute
• its power and status is granted by statute law, which can be overturned and altered by parliament
• with the UK leaving the EU, the HRA could be repealed by parliament, removing a key component of judicial power and influence