The Supreme Court

Question 1

Functions of the Supreme Court

Answer 1

Final court of appeal

Clarifies the meaning of the law

Question 2

Principles of the Supreme Court

Answer 2

The rule of law

Judicial independence / neutrality

Question 3

What does the Supreme Court exercise judicial review over?

Answer 3

“Ultra vires” cases
EU law
Human Rights Act 1998

Question 4

Criticisms of UK judicial system leading to the Constitutional Reform Act 2005

Answer 4

Concerns over fusion of powers
Opaque appointment system of senior judges
Confusion of the work of the Law Lords

Question 5

Power of the Supreme Court

Answer 5

Review legal precedent
Make ultra-vires rulings
Address compatibility issues - EU Law / HRA 1998

Question 6

Factors enhancing authority of the Supreme Court

Answer 6

Independent and transparent appointment process
Clearer separation of powers
Process of “demystification”

Question 7

How were senior UK judges appointed prior to the Constitutional Reform Act?

Answer 7

Secret soundings, conducted by the Lord Chancellor

Question 8

Threshold to be considered for appointment as a justice of the Supreme Court

Answer 8

Held judicial office for at least two years

Been a qualifying practitioner for a period of fifteen years

Question 9

Strands of the rule of law

Answer 9

No one can be punished without trial
No one is above the law
Constitutional principles result from common law rather than statute law

Question 10

How is judicial independence maintained?

Answer 10

"Security of tenure"
Guaranteed salaries
Separation of powers
Independent appointments system - ad hoc selection committee
Training and experience

Question 11

How is judicial neutrality maintained?

Answer 11

Anonymity of judges
Restrictions on judges political activity
Legal justification
High-level training

Question 12

Case that displays EU law dominance over British statute law

Answer 12

Factortame
1989-2000
Spanish fishing company challenged the legality of the Merchant Shipping Act of 1988
The European Court of Justice established the precedent that UK courts can suspend UK statute law where it appears to violate EU law

Question 13

Example of an “ultra vires” case

Answer 13

Boddington v British transport police (1998)

Smoking law

Question 14

Pro Supreme Court has too much power

Answer 14

Unelected

Quasi-legislative

Question 15

Impact of Brexit on the Supreme Court

Answer 15

Enhances the status and authority of the Supreme Court by removing a court that is in theory superior (European Court of Justice)

Question 16

Composition of the Supreme Court

Answer 16

10/12 privately educated
10/12 Oxbridge
11/12 Male
Average age - 69 years

Question 17

Pro UK judiciary has become more politicised in recent years

Answer 17

HRA 1998 has drawn senior judges into the political fray by requiring them to rule on the merit of an individual piece of statute law as opposed to its application
Factortame allowed UK courts to suspend Acts of Parliament where they are thought to contradict UK law
Politicians have broken with convention by publicly criticising rulings handed down by senior judges - e.g David Davis on 2016 ruling which stated that parliamentary approval was required before the government could trigger Article 50

Question 18

Anti UK judiciary has become more politicised in recent years

Answer 18

Appointments process more transparent and thus less open to accusations of political interference through the creation of the JAC and Supreme Court appointment process
Reduced role of the Lord Chancellor and separation of powers
Judges insulated from political pressure by security of tenure and guaranteed salaries