The supreme court examples Flashcards

1
Q

Examples for ministers criticising the courts? (For)

A
  • Separation growing weaker.
  • FS TM in 2013- accused judges making the UK more dangerous, not allowing deportation of foreign criminals (article 8 family).
  • Article 50 and parliament for BREXIT- politicians willingly criticising.
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2
Q

Examples for judges challenging the government? (For)

A
  • HRA meant political questions before the court (is this more HR act tho?)
  • Miller case ** booklet..
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3
Q

Example of bias judges? (For)

A
  • In 2020, out of the 12- only 2 were female.
  • None from ethnic backgrounds.
  • Oxbridge educated
  • Favouring individual rights over public interest.
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4
Q

Examples for ministers upholding the independence (Against)

A
  • Ministers should exercise restraint when commenting on decisions.
  • Government cannot use contacts in judiciary to influence decisions
  • Sub-judice rule- do not debate stuff that’s in court rn.
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5
Q

Examples for judges understanding limits to their power? (Against)

A
  • Judicial restraint- R V Nicklinson MOJ case- refused permission for a second challenge on law change of assisted suicide.
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6
Q

Examples of the judicary becoming more diverse (Against)

A
  • Lady Hale president between 2017-2020. A woman and state educated. Three female justices by the time she stepped down.
  • Judicial appointments commission proportion of women recommended for high court increased to 29% and BME candidates from 2-6%
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