The Supreme Court Flashcards
How many justices are there
12
Which judge is designated as president
The most senior justice
What happens when a vacancy occurs
Nominations are made to the JAC, they are confirmed by the lord chancellor then PM and monarch
What did the constitutional reform act 2005 do
-renamed the lord chancellor from head of judiciary + house of lords speakership
-seperated the court from the legislative
-established the independent judicial appointments commission
What is the role of the supreme court
-act as the final court of appeals
-to hear issues of public importance surrounding arguable points of law
-to hear appeals from civil cases
-to appeals from criminal cases
What is Judical review
A review of the actions of ministers + other government officials to ensure they conform to the law
What did the human rights act of 1998 do
Made it possible for the supreme court to issue a ‘declaration of incompatibility’ if it believed that an act of parliament conflicted with it
What is rule of law
-everyone is entitled to a fair trial and no one should be imprisoned without due legal process
-all citizens must obey the law + are equal under it
-public officials are not above the law + they can be held to account by the courts
-the judiciary must be independent of political interference
How is judicial neutrality upheld
-JAC identifies + eliminates from promotion any judges who lack neutrality
-the process of legal training + lengths experience is intended to ensure they operate to a set of ethics
-attempts have been made to broaden the judiciary
-the use of legal precedent help restrict the influence of personal views
How is judicial neutrality not upheld
-growing judicial activism can be seen as lacking neutrality
-judges are seen as ‘establishment’ inclined to uphold the status quo
-judges are demographically unrepresentative
the supreme court is influencial
can stop executive action, ‘final court of appeal’, since HRA has become more involved in human rights debates, senior judges have become influential by making public comments about major issues
the supreme court is not influential
can’t strike down statute laws, if the court sets aside decisions by ministers or public bodies, parliament may pass legislation which allows such decisions, can’t be pro active, can’t make judgments beyond the law, judges are unelected, parliament is sovereign, can’t overturn statutes even if they go against ECHR
How is judicial independence upheld
lord chancellor is bound by oath to preserve judicial independence, security of tenure, judges are appointed by the JAC (no political involvement), the sentences of judges in court cases shouldn’t be subject to criticism in parliament, fixed salary, HRA provides a guide to rights cases
How is judicial independence not upheld
gov retains some role in the final decision of appointing judges, there has been a growing trend of ministers prepared to criticise judges rulings
R v Horncastle 2009
-a clash between the UK court of human rights and the ECHR use of hearsay
-ECHR= if a person was convicted on the strength of hearsay evidence, their human right to a fair trial would be infringed
-the UK gov felt this was a risk to justice so the ECHR altered its original decision
