U2T4 The Supreme Court

Question 1

what did the Constitutional Reform Act impose in 2005?

Answer 1

• designed mainly to improve and instate the independence of the judiciary.
• this established the ‘Supreme Court’ which became active in 2009

Question 2

what was the layout like of the judiciary before the CRA 2005?

Answer 2

• there were twelve ‘Lords of Appeal in Ordinary’ or ‘Law Lords’ and they were allowed to take part in business of the lords as neutral cross benchers.
• the head of the law lords was the ‘Lord Chancellor’ who was also the speaker of the HoL, a cabinet minister and the head of the judiciary
• when a case was brought to the highest court, it was usually heard by 5 law lords.

Question 3

what is the significance of the supreme court being at the highest level?

Answer 3

the supreme court is the ‘highest court of appeal’ which means it only cases that have already been heard by lower ones. hence: Appellate Court.

Question 4

under what circumstances are cases held in the supreme court?

Answer 4

• if judicial review is going to happen over an important organisation (e.g a school) or just the government.
• the outcome of this may set differing precedents for other similar bodies.
• the supreme court may need to revise the current laws and interpret them by checking over parliaments initial intention when making them.
• the case may have attracted a-lot of public attention or human rights could be at stake.

Question 5

summarise the Gina Miller vs Secretary of State for Exiting the European Union case.

Answer 5

• in 2016, Gina Miller, a private lawyer, requested a judicial review over whether the secretary of state (David Davis) had the prerogative power to trigger article 50 and leave the EU.
• the s.c. ruled that the government did not have such prerogative power and that the sovereignty of parliament in this case had to be exercised. (the reason being it affected citizens rights)
• the government was then forced to seek parliamentary approval.
• in 2017, in summary, the S.C. confirmed the ‘high court’s’ decision which reflected that of Miller’s.

Question 6

what features of the constitution were confirmed by the Supreme Court Miller case?

Answer 6

• the judiciary determines the limits to the governments prerogative powers.
• parliament is sovereign over all matters that impact rights of UK citizens and to change these, the government must gain parliamentary approval.
• referendums aren’t legally binding and their outcome must be confirmed by parliament.

Question 7

name the different roles of the supreme court:

Answer 7

• ensuring the rule of law is applied
• interpretation of the law
• conducting judicial reviews
• hearing cases

Question 8

what does the function of ensuring the rule of law entail with the supreme court?

Answer 8

the supreme court oversees the work of all lower courts and ensures whether the rule of law has either been correctly applied or even abused by them.