UK GOV- BRANCHES 4.2.1 Influence of the Supreme Court And 4.2.1 Relationship between Parliament and Government Flashcards
What does the CRA 2005 formally separate?
The judiciary from the legislative
Incumbent justices can no longer serve in the House of Lords.
What is the mandatory retirement age for justices?
75
Justices serve ‘during good behaviour’ until this age.
How can justices be removed from their position?
After a petition is made by both Houses of Parliament to the King
This ensures a level of security in their tenure.
What is the salary of Supreme Court justices as of March 2025?
£269,530
Salaries are recommended by the independent Senior Salaries Review Body (SSRB).
Can the salaries of Supreme Court justices be reduced?
No
Under the CRA 2005, salaries cannot be reduced but can be increased.
What body was produced by the CRA 2005 for judicial appointments?
Judicial Appointment Commission (JAC)
Supreme Court justices are selected by an independent board.
What role does the Lord Chancellor have in judicial appointments?
Limited role in accepting recommendations
No Supreme Court recommendation has been turned down.
What does the rule of sub judice entail?
It is an offence to publicly speak about ongoing proceedings
This applies to individuals, including ministers and the media.
How is peer review secured in the Supreme Court?
All cases are heard by more than one justice
This allows for checks and balances in judicial decisions.
Are Supreme Court hearings open to the public?
Yes
All rulings are supported by comprehensive written consideration.
What must justices declare regarding conflicts of interest?
Any personal or professional relationships
Justices will recuse themselves from the case if a conflict exists.
Can justices join political parties while serving?
No
They may vote but cannot be affiliated with a political party.
How long have judges typically served before becoming justices?
At least 20 years
Promotion is contingent on adherence to the rule of law.
What is the principle that justices are expected to follow when making decisions?
Stare decisis
This means they act on precedent.
What was the core issue in the Miller I (2017) case?
The government’s decision to trigger Article 50 without Parliamentary approval
Gina Miller argued that the action did not fall under prerogative powers.
What was the Supreme Court’s decision in Miller I (2017)?
The SC ruled 8-3 that consent from Parliament was required to trigger Article 50
This was because the UK entered the EU via statute law.
What was the fallout from the Miller I (2017) case?
The EU (Notification of Withdrawal) Bill was passed with a 494-122 vote.
What action did Prime Minister Boris Johnson take in Miller II (2019)?
He advised the Queen to prorogue Parliament
This was seen as an attempt to frustrate Parliamentary scrutiny of Brexit.
What was the Supreme Court’s ruling in Miller II (2019)?
The SC ruled unanimously that Johnson’s actions were unlawful.
What was the consequence of the Miller II (2019) decision?
Parliament reconvened the day after the decision was made.
What was the main issue in A vs Home Secretary (2004)?
The detainment of the Belmarsh 9 under the Anti-Terrorism, Crime and Security Act 2001.
What did the Law Lords decide in A vs Home Secretary (2004)?
The ATCSA was incompatible with Article 5 of the ECHR.
What was the fallout from A vs Home Secretary (2004)?
The government passed the Prevention of Terrorism Act 2005.
What was the case in HM Treasury vs Ahmed (2010)?
Three brothers appealed against the Treasury’s decision to freeze their assets.
