UK GOV - SCOTUK

Question 1

when was the SCOTUK established

Answer 1

after the 2005 CONSTITUTIONAL REFORM ACT

Question 2

where did the supreme court used to be

Answer 2

situated in the lords (“law lords”)

Question 3

being situated within the legislature meant that the judiciary was what

Answer 3

fused within the legislature

Question 4

how many chief justices make up the SC

Answer 4

12 chief justices

Question 5

how many of the 12 chief justices are men

Answer 5

10 men

Question 6

what is the age cap for someone who is a chief justice

Answer 6

Age 75 (retirement age)

Question 7

for how many years must a chief justice have worked in the judicial high office to be elected

Answer 7

at least 2 years

Question 8

how many years as a barrister/ solicitor must a chief justice have worked as to be elected

Answer 8

atleast 15 years

Question 9

who is the current lord chief justice

Answer 9

Lord Reed

Question 10

what is the main role of the supreme court

Answer 10

determine whether the law is being applied correctly

Question 11

which term refers to when a minister or public body has EXCEEDED THEIR POWERS or WITHOUT LEGAL AUTHORITY

Answer 11

Ultra Vires

Question 12

which other body has the ability to determine whether a minister/public body has acted in ultra vires

Answer 12

NONE- only the SC has this power

Question 13

what term refers to a ruling made by the SC when a law has been shown to be INCOMPATIBLE with the HRA

Answer 13

Declaration of Incompatibility

Question 14

if a court rules a declaration of compatibility what further action may they take

Answer 14

may recommend parl changes the law

Question 15

despite ruling something to be incompatible, what power does the SC not have

Answer 15

Power to Enforce

Question 16

even though the SC doesn’t have the power of enforcement what do most DOI’s lead to

Answer 16

the law being changed

Question 17

if the Govt/Parl choose not to abide by the SC’s recommendation,what would not taking said recommendation into account be doing

Answer 17

breaking international agreements(ECHR)

Question 18

the fact that most DOI’s lead to significant changes in the law suggests that what

Answer 18

DOI’s hold some significance

Question 19

previously, if someone wanted to challenge a body for infringing their rights, where would they take their case to

Answer 19

the European Court of Human Rights (Strasbourg)

Question 20

why did many people choose not to go to the ECtHR even though their rights were clearly being infringed

Answer 20

very expensive

Question 21

the fact that protecting people’s rights was expensive and thus inaccessible led to accusation of what in the uk

Answer 21

accused of weak Rights protections

Question 22

under which government was the ECHR enshrined into UK law

Answer 22

1998 labour government

Question 23

after the enshrinement of the ECHR in 1998, where could people now go to to protect their rights

Answer 23

British courts ( as opposed to the ECtHR)

Question 24

what was also included within the HRA surrounding future statute laws

Answer 24

all future statutes must be compatible with the HRA

Question 25

what are the two ways the SC uses its power of Judicial Review

Answer 25

DOI’s and Actions of Public Authority

Question 26

Actions of public authority state that it is unlawful for a public body to do what

Answer 26

act incompatibly with a convention right

Question 27

if an Action of Public authority is declared and the action is unlawful, what powers does the court have

Answer 27

they can Cancel, Reverse and Compensate

Question 28

what cases are actions of public authority usually used for

Answer 28

Immigration and Deportation cases

Question 29

how did the Belmarsh case(2004) show that the SC is effective at protecting rights

Answer 29

caused the law to be changed through ruling a DOI

Question 30

in the Belmarsh cases, a part of the 2001 Anti-Terrorism, crime and security Act was repealed and replaced with what

Answer 30

The prevention of Terrorism Act 2005 (Control Orders)

Question 31

how does the Belmarsh case show a lack of power of the SC over the UK govt

Answer 31

Change to the law came 1 Year after the courts ruling

Question 32

in the Belmarsh case, how did it show the Parliament to retain Sovereignty

Answer 32

Prisoners kept in the same conditions until Parl changed the Law

Question 33

what was the ruling in the Treasury v M. Ahmed 2010 case

Answer 33

Treasury had acted UV - should be overturned

Question 34

what was the Treasury v Ahmed case an issue of law about

Answer 34

whether the freezing the assets of a suspected terrorist was UV

Question 35

how did the Treasury V ahmed (2010) case show a lack of power over the Govt

Answer 35

New Leg was made 4 days later, giving them the legal power to enact the Freeze

Question 36

how did the Treasury v ahmed (2010) case show parliament retaining sovereignty

Answer 36

the passing of new legislation meant the Freeze became lawful

Question 37

what Act was passed 4 days after the SC’s ruling in the treasury v Ahmed (2010) case

Answer 37

the Terrorist Asset Freezing Act

Question 38

when was the Steinfield and Keiden Case

Answer 38

in 2018

Question 39

the Same-Sex Marriage Act was passed in 2013 and meant that Homosexual couples could enter both a marriage AND a civil Partnership. why was this an issue for Hererosexual couples?

Answer 39

They could only legally enter a marriage but not a CP.

Question 40

the issue of law in the Steinfield and Keiden case was whether the preclusion of heterosexual couples from entering a civil partnership was what

Answer 40

Discriminatory and Incompatible with the HRA.

Question 41

which 2 courts rejected Steinfield and Keiden’s case

Answer 41

the High Court and the Court of Appeal

Question 42

what was the SCs ruling in the Steinfield and Keiden case

Answer 42

Unanimously ruled that the current procedures were UV.

Question 43

what did the SC decide in relation to the Steinfield and Keiden case

Answer 43

Parts of the CPA were incompatible w/ Article 8 of the HRA

Question 44

what was the significance of the Steinfield and Keiden case

Answer 44

Govt amended the CPA - The DOI ruling pressured the Govt into doing so.

Question 45

Name 3 Cases that included a DOI ruling.

Answer 45

Steinfield and Keiden, Belmarsh & Mercer/UNISON.

Question 46

Name 3 cases that included an Ultra Vires ruling

Answer 46

Miller vs PM(2019) , Ahmed v Treasury & Miller 2017 (Article 50)

Question 47

Name 3 cases that showed the Supreme Court to have Power over the Government

Answer 47

Belmarsh, Ahmed v Treasury & Steinfield and Keiden

Question 48

Name 3 cases that showed the Supreme Court to have a lack of power over the Government

Answer 48

Belmarsh, Ahmed v Treasury & Mercer/UNISON