UK Judiciary Flashcards
Which case was a truly breaking new ground ?
The UK supreme courts prorogation ruling 24th September 2019
What happened in the propagation ruling 24th September 2019 ?
The Supreme Court argued that the uses of the royal prerogative in this case to prorogue parliament must always respect the conventions of parliamentary sovereignty and democratic accountability
What happened in consequence of progradation affecting fundamental of democracy ?
The court declared the progration unlawful and quashed the revelan orders in councils, this meant that parliament had in law never been prorogued so MPs were free to return
What did this prorogation ruling led the the guardian say about the supreme court ?
After 10 years the Supreme Court is confident in its role, running with the lead
Why is the unelected nature of the UK Supreme Court a threat to the growing authority and influence ?
Because the highest court of appeal is in the hand of unelected judges who have characteristics of independent, oxbridge, middle class, white men beyond middle age
However how is the unelected nature justified ?
-in any other country is almost unheard of judges begin elected this is because judicial independence requires that senior judges are free to interpret the law and dispense justice fairly without fear of begin arbitrarily removed from office via the ballot box or by any other means
Why does the court posses greater authority than the body it replaced ?
Because the very nature of its foundation and its operation has changed the way in which it is perceived as an institution so transforming the way in which other institutions the media and the wider public have come to view and accept its ruling
Factors than enhanced the authority of the UK Supreme Court >
-a more independent and less opaque appointment process that which applied to the law lords
-a clearer separation of powers accompanied by a clear physical separation between legislature and judiciary
-an ongoing process of demystification via public visits, an intelligible website and enhanced coverage in the mainstream media
