The Supreme Court

Question 1

What is the Supreme Court? name the key act

Answer 1

The highest, independent court in the UK - established after Constitutional Reform Act 2005 which created some separation of powers

Question 2

What did the CRA 2005 establish for Lord Chancellor?

Answer 2

Lord Chancellor became separate roles, into Justice Secretary (which moved into Commons), Lord Chief Justice and Speaker of the Lords

Question 3

How is a Supreme Court Justice appointed?

Answer 3

A special commission of lawyers reviews candidates and recommends one to Lord Chancellor (currently Alex Chaulk)

Question 4

What does the a Judicial Appointments Commission (JAC) do?

Answer 4

removes political interference and ensures independence by selecting candidates for position in lower courts - not for justices in SC

Question 5

How are Justices of SC removed from the role?

Answer 5

A vote in both the Commons and Lords for misconduct, not decisions made on the bench - have security of tenure to ensure independence which is codified into law by the CRA 2005

Question 6

What is the composition of the SC?

Answer 6

-12 Chief Justices
-Lord Chief Justice/President
-Currently 10 men, 2 women

Question 7

What can the minister for Justice do with SC Justice candidates?

Answer 7

Can ask the court to reconsider or reject the candidate outright - questions whether court is truly independent by influence of exec, however these powers have never been used

Question 8

What are the three judicial review powers of the SC?

Answer 8

-Ultra vires
-Actions of public authority
-Declarations of incompatibility

Question 9

What is Ultra vires?

Answer 9

Ultra vires - court decides whether departments or public bodies have exceeded their powers (acted without legal authority), actions are suspended until law is changed if so

Question 10

What are actions of public authority?

Answer 10

Court ruling it is unlawful for a public body to act incompatibly with the ECHR, ability to cancel a decision, send decision back for reconsideration or award compensation (AM Zimbabwe v Home Sec 2020)

Question 11

What are declarations of incompatibility?

Answer 11

If legislation from Parliament isn’t compatible with HRA then DoI is issued, clear message that law should be changed as it violates international law, but can be ignored (Steinfeld and Keidan v Education Sec)

Question 12

What is the Humans Rights Act?

Answer 12

HRA 1998 - The codification of the ECHR, an international treaty, into UK law so that their rights could be defended in British courts, established that all future statute law must be compatible with HRA