The Supreme Court Flashcards
Judiciary
In normal usage, it refers collectively to all judges, from lay magistrates and those serving on tribunals right up to the 12 senior justices sitting in the UK Supreme Court. In a wider sense, the term might be seen as encompassing all those who are directly involved in the administration and application of justice.
Constitutional Reform Act, 2005
Reduced the power of the Lord chancellor and placed most senior judicial appointments into the hands of a new, independent Judicial Appointments Commission. It was hoped that this change would enhance the separation of powers and result in a senior judiciary that was more socially representative of the broader population. The Act also provided for the creation of the Supreme Court.
Secret soundings
The informal and secretive way in which most senior UK judges were once appointed. The phrase describes the way in which the Lord chancellor consulted in secret with close associates and those already serving in the senior judiciary. The resulting lack of transparency in appointments led to accusations of elitism.
Senior judiciary
The senior judiciary comprises justices of the Supreme Court (formerly the Lords of Appeal in Ordinary, or Law Lords), heads of divisions, Lords Justices of Appeal, High Court judges, and deputy High Court judges.
Quality practitioner
Someone who has a senior courts qualification; is an advocate in Scotland or a solicitor entitled to appear in the Scottish Court of Sessions; or is a member of the Bar of Northern Ireland or a solicitor of the Court of Appeal of Northern Ireland.
Politicisation
Where individuals or institutions traditionally as being above the political fray, are being dragged into it. Some see the way in which U.K. judges were drawn into areas of political controversy in the wake of the Human Rights Act of 1988 as evidence of politicisation.
Ultra vires
From the Latin, meaning, beyond the authority.
The process of judicial review can be used to determine whether or not they have acted in a manner that is unlawful.
Factortame
A case in which the ECJ established the precedent that UK courts can suspend UK statute law where it appears to violate EU law, at least until the ECJ is able to make a final determination as to the legality of the statute in question. The case took its name from a Spanish-owned fishing company Factortame Limited, which had challenged the legality of the Merchant Shipping Act, 1988, under European Law.
European Convention on Human Rights, 1950
The ECHR was established by the Council of Europe, an intergovernmental body that is separate from the EU and not to be confused with the EU’s Council of Ministers of the European Council. Alleged violations of the ECHR are investigated by the European Commission on Human Rights and tried in European Court of Human Rights based in Strasbourg. Again these bodies are not to be confused with the EU’s European Commission and ECJ.
Derogation
A process by which a country is exempted, perhaps temporarily, from observing a law or regulation it has previously agreed to abide by. Under Article 15 of the European Convention on Human Rights, national governments are permitted to derogate some of the convention’s articles in times of national crisis.
Quasi-legislative
Where the impact of differences in the Supreme Court’s interpretations over time can appear tantamount to a legislative change, even though parliament has made no change to statute law.
