The Supreme Court Flashcards
Role of the Supreme Court
The Supreme Court is the UK’s final court of appeal for criminal and civil cases, except for criminal cases in Scotland. It hears appeals on issues of public significance and arguable points of law. Its key functions include defending citizens’ rights and liberties, enforcing laws, and applying EU law and the Human Rights Act.
Role of the Supreme Court - defending rights + liberties
The Supreme Court defends UK citizens’ rights and liberties through the rule of law, utilizing the Human Rights Act (1998) and EU laws from the European Convention on Human Rights (ECHR). It ensures protections like the right to life and a fair trial, while judicial review, natural justice, and legal precedents safeguard these rights.
Role of the Supreme Court - law enforcement
The Supreme Court can uphold laws and rights when challenged, such as the rights given by the Freedom of Information Act.
Role of the Supreme Court - government decisions
The Supreme Court can rule government laws illegal and declare decisions incompatible with the European Convention on Human Rights.
Supreme Court Composition
The Supreme Court has 12 judges, including a President, Deputy President, and 10 Justices. Established by the Constitutional Reform Act (2005), it replaced the Law Lords to separate parliament and the judiciary. Notable justices include Lord Reed, Lord Sumption, and Lord Lloyd-Jones. Justices must retire at 70 if appointed after 1995.
Supreme Court Principles - Judicial Independence
Judicial independence ensures judges can make rulings without political pressure from the executive or legislature. This includes having secure tenure and an independent process for appointments and promotions. To prevent political influence, members of parliament and the government are prohibited from commenting on ongoing court cases
Supreme Court Principles - Judicial Neutrality
Judicial neutrality means judges remain politically neutral and avoid party politics. This is crucial as Supreme Court judges often rule on political issues, such as the 2012 case allowing four Zimbabwean refugees to stay in the UK despite government opposition.
Supreme Court Principles - Neutral and Independent
Supreme Court judges are neutral, unable to engage in political activity or express political views. An independent committee shortlists judges, with limited government influence. They have secure tenure, protecting them from government retaliation, and the government cannot comment on ongoing cases, ensuring independent judicial decisions
Supreme Court Principles - Not Neutral
The Supreme Court lacks demographic balance, with most judges being male, white, and middle-aged. This imbalance may affect the court’s neutrality. A more diverse Supreme Court could enhance true neutrality by incorporating a wider range of viewpoints in its rulings.
Supreme Court Principles - Not Independent
The Lord Chancellor, part of the executive, has the final say in Supreme Court appointments, giving the government influence in selecting judges who may align with its views. This, combined with the Supreme Court rarely ruling against the government, suggests a lack of judicial independence and government influence over the Court.
Supreme Court Influence Over Parliament and the Executive - Judicial review
The Supreme Court influences the executive and parliament through judicial review but has limited powers. It can only overturn secondary legislation, not primary legislation (acts of parliament).
Supreme Court Influence Over Parliament and the Executive - Ultra Vires
The principle of ultra vires involves acting beyond legal authority. The Supreme Court can overturn legislation based on this principle. In 2016, Chris Grayling was ruled to have acted ultra vires by introducing a “residence test” to the Legal Aid Act in 2012.
Supreme Court Influence Over Parliament and the Executive - opposing government ideas
The Supreme Court can rule against government decisions, especially concerning state security, based on the Human Rights Act. It can issue a declaration of incompatibility when legislation contradicts rights in the European Convention on Human Rights. Judges also support the publication of information against government wishes in freedom of information cases.
Supreme Court Influence Over Parliament and the Executive - cases of opposing government ideas
Declaration of incompatibility:
In June 2018, the court issued a declaration of incompatibility on the Civil Partnerships Act
The court found the act incompatible with the ECHR because gay couples are allowed to marry or become civil partners.
Freedom of information
In 2015 the court upheld a freedom of information request to publish Prince Charles’ letters to government ministers.
