UK Government - The Supreme Court Flashcards
The principle that judges should not be influenced by other branches of government
Judicial Independence
The principle that judges should not be influenced by their own opinions
Judicial Neutrality
The act that created the court
Constitutional Reform Act 2005
The Supreme Court opened in this year
2009
The most senior judges used to sit here
The House of Lords
Historic roles of the Lord Chancellor
Cabinet minister
Chair of sittings in the Lords
Head of the judiciary - who appointed judges
Modern role of Lord Chancellor
Head of the judiciary
Judges are now appointed by
Judicial Appointments Commission (JAC) - Eng and Wales and equivalent bodies in Scotland and NI
The number of legal systems in the UK
3 - England and Wales, Scotland, Northern Ireland
The only UK wide court is…
The Supreme Court
The Supreme Court hears what kind of cases?
Final appeal cases and appeals on important constitutional cases
How many members does the court have?
12 - but cases are heard by an odd number of judges
How is judicial independence maintained?
Terms of employment - can’t be removed.
Pay - so can’t be bribed.
Independent legal profession.
Appointed by the JAC.
Forbidden from active politics
Freedom from criticism
Separate building.
How is judicial neutrality maintained?
Judges must declare conflicts of interest
Judges cannot be politically active
What does ultra vires mean?
An action taken without the legal authority to do so
What is meant by the term judicial review?
The ability of the judiciary to review and reverse decisions made by other branches of government
One of the most important roles of the Supreme Court
To interpret the 1998 Human Rights Act
Does the Supreme Court have the power to strike down laws?
No, parliament is sovereign
What does a judicial review do?
Challenge the way a decision has been made, not the rights and wrongs of that decision
