UK Supreme Court Flashcards
3 functions of the Supreme Court
- Final court of appeals
- Clarify meaning of the law
- Interpret the constitution
How many justices are there?
12
What was the judiciary before the Supreme Court was established?
The Law Lords in the Appellate Committee of the House of Lords
How were justices appointed before 2005?
The PM and Lord Chancellor would advise the Monarch on their picks
How did the 2005 Constitutional Reform Act change the judicial appointment process?
Reduced the power of the Lord Chancellor and created the independent Judicial Appointments Committee (JAC)
What qualifications are needed to be eligible for the UK Supreme Court?
Held high judicial office for 2 years
OR
Been a ‘qualifying practitioner’ for 15 years
Gender representation of the Supreme Court
Only one woman out of twelve justices
Ethnic minority representation of the Supreme Court
No ethnic minority representation
Age representation of the Supreme Court
All over 60
Why was the Supreme Court established?
- Concerns over separation of powers
- Criticism of appointment system
- Confusion amongst public of Law Lords role
3 aspects of the rule of law
- No one can be punished without trial
- No one is above the law
- The principles of the constitution result from judicial decisions
Why is it not true that ‘no one can be punished without trial’ in the UK?
Under terrorism prevention measures passed in 2001, terrorist suspects can be subjected to punishment such as indefinite detention and freezing of assets
Why is it not true that ‘no one is above the law’ in the UK?
The monarch is above the law
MPs have parliamentary privilege
What is judicial independence?
The principle that those in the judiciary should be free from political control
What is judicial impartiality?
Judges operating without their personal biases
How is judicial independence maintained in the UK?
- Security of tenure
- Guaranteed salaries
- Independent appointment process
- Training and expertise required
How is judicial impartiality maintained in the UK?
- Judges maintain a low public profile
- Judges not allowed to engage in political activity
- Decisions must have legal justifications
How could a judge, theoretically, be removed?
Through an impeachment vote in both houses of parliament
Why is it good that judges have a guaranteed salary?
Means politicians are unable to manipulate their salary to control them
What are some threats to judicial impartiality?
- Judges all have similar backgrounds
- The large amount of post-97 constitutional reforms have resulted in an increase in high-profile judiciary cases
Has the judiciary become more politicised recently? - YES
- Factortame established the precedent that UK courts could suspend Acts of Parliament
- The creation of a separate Supreme Court has increased their publicity
- Recent rulings against May and Johnson governments over Brexit
Has the judiciary become more politicised recently? - NO
- JAC has made the court more independent
- Increased conflict between court and politicians can be seen as good as it shows the court is effective
- Left EU so parliamentary sovereignty become stronger
What is judicial review?
Judges reviewing the actions of public officials/bodies to determine whether they have acted lawfully or not
What does ultra vires mean?
Beyond one’s authority (granted to them by law)
What happened when the UK government incorporated the Treaty of Rome into UK law in 1972?
Gave EU law precedent over UK law
Factortame (1990)
- Factortame were a shipping company who challenged whether the Merchant Shipping Act 1988 violated EU law
- Law aimed to prevent fishing boats from registering in UK but fishing elsewhere in Europe as it affected their quotas
- The law was suspended for violating EU rules regarding freedom of movement by the Law Lords
Human Rights Act (1998)
Incorporated the European Convention on Human Rights (ECHR) into UK law
Tigere v Business Secretary (2015)
- Tigere was a girl born in Zambia but who had lived in the UK since she was 6
- She was not eligible for a student loan because she wasn’t a UK citizen
- She successfully argued this violated Article II of the ECHR (the right to education)
What is a derogation?
When a country is temporarily permitted to suspend the ECHR in times of national crisis
Why is the HRA weaker than the US Bill of Rights?
The HRA is not entrenched nor superior to regular statute
Which committee reviews bills before they are passed to check they comply with the HRA?
Joint Committee on Human Rights
How did the HRA make the Supreme Court more powerful?
Empowered the UK’s judges to directly question Acts of Parliament based on a clear set of rights
Why are ultra vires rulings limited?
Ministers can use the executive’s control of Parliament to pass legislation legitimising their earlier actions
When was the ECHR drafted?
1950
How will leaving the EU impact the Supreme Court?
- Reduction in significant cases as many recent ones have been EU related
- No longer required to enforce EU law over UK law
- COULD enhance their role as there is no longer a superior court to them
R(Nickilson) v Ministry of Justice 2014
Article 8 of the ECHR (right to privacy) could not be used to justify assisted suicide
Sutherland v Her Majesty’s Advocate 2020
A man was found to be indecently texting a 48 y/o decoy when they thought they were texting a 13 y/o girl. The court that the evidence collected was valid and did NOT violate Article 8 of ECHR (right to privacy)
Begum v Home Secretary 2020
Ruled that Shamima Begum had the right to challenge the UK government for stripping her British citizenship over Article 2 and 3 of the ECHR
Why did the Supreme Court rule that Johnson could not prorogue parliament in 2019?
The power of the royal prerogatives must respect the conventions of parliamentary sovereignty and democratic accountability - particularly during the Brexit process
Recent ruling of Supreme Court in relation to Scottish devolution
Ruled in 2023 that the Scottish Parliament could not approve another independence referendum without approval from Parliament
How can the Supreme Court be described as quasi-legislative?
They have the power to establish precedent through common law
