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Gov & Politics > UK Supreme Court > Flashcards

UK Supreme Court Flashcards

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1
Q

3 functions of the Supreme Court

A
  • Final court of appeals
  • Clarify meaning of the law
  • Interpret the constitution
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2
Q

How many justices are there?

A

12

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3
Q

What was the judiciary before the Supreme Court was established?

A

The Law Lords in the Appellate Committee of the House of Lords

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4
Q

How were justices appointed before 2005?

A

The PM and Lord Chancellor would advise the Monarch on their picks

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5
Q

How did the 2005 Constitutional Reform Act change the judicial appointment process?

A

Reduced the power of the Lord Chancellor and created the independent Judicial Appointments Committee (JAC)

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6
Q

What qualifications are needed to be eligible for the UK Supreme Court?

A

Held high judicial office for 2 years
OR
Been a ‘qualifying practitioner’ for 15 years

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7
Q

Gender representation of the Supreme Court

A

Only one woman out of twelve justices

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8
Q

Ethnic minority representation of the Supreme Court

A

No ethnic minority representation

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9
Q

Age representation of the Supreme Court

A

All over 60

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10
Q

Why was the Supreme Court established?

A
  • Concerns over separation of powers
  • Criticism of appointment system
  • Confusion amongst public of Law Lords role
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11
Q

3 aspects of the rule of law

A
  • No one can be punished without trial
  • No one is above the law
  • The principles of the constitution result from judicial decisions
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12
Q

Why is it not true that ‘no one can be punished without trial’ in the UK?

A

Under terrorism prevention measures passed in 2001, terrorist suspects can be subjected to punishment such as indefinite detention and freezing of assets

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13
Q

Why is it not true that ‘no one is above the law’ in the UK?

A

The monarch is above the law
MPs have parliamentary privilege

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14
Q

What is judicial independence?

A

The principle that those in the judiciary should be free from political control

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15
Q

What is judicial impartiality?

A

Judges operating without their personal biases

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16
Q

How is judicial independence maintained in the UK?

A
  • Security of tenure
  • Guaranteed salaries
  • Independent appointment process
  • Training and expertise required
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17
Q

How is judicial impartiality maintained in the UK?

A
  • Judges maintain a low public profile
  • Judges not allowed to engage in political activity
  • Decisions must have legal justifications
18
Q

How could a judge, theoretically, be removed?

A

Through an impeachment vote in both houses of parliament

19
Q

Why is it good that judges have a guaranteed salary?

A

Means politicians are unable to manipulate their salary to control them

20
Q

What are some threats to judicial impartiality?

A
  • Judges all have similar backgrounds
  • The large amount of post-97 constitutional reforms have resulted in an increase in high-profile judiciary cases
21
Q

Has the judiciary become more politicised recently? - YES

A
  • 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
22
Q

Has the judiciary become more politicised recently? - NO

A
  • 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
23
Q

What is judicial review?

A

Judges reviewing the actions of public officials/bodies to determine whether they have acted lawfully or not

24
Q

What does ultra vires mean?

A

Beyond one’s authority (granted to them by law)

25
Q

What happened when the UK government incorporated the Treaty of Rome into UK law in 1972?

A

Gave EU law precedent over UK law

26
Q

Factortame (1990)

A
  • 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
27
Q

Human Rights Act (1998)

A

Incorporated the European Convention on Human Rights (ECHR) into UK law

28
Q

Tigere v Business Secretary (2015)

A
  • 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)
29
Q

What is a derogation?

A

When a country is temporarily permitted to suspend the ECHR in times of national crisis

30
Q

Why is the HRA weaker than the US Bill of Rights?

A

The HRA is not entrenched nor superior to regular statute

31
Q

Which committee reviews bills before they are passed to check they comply with the HRA?

A

Joint Committee on Human Rights

32
Q

How did the HRA make the Supreme Court more powerful?

A

Empowered the UK’s judges to directly question Acts of Parliament based on a clear set of rights

33
Q

Why are ultra vires rulings limited?

A

Ministers can use the executive’s control of Parliament to pass legislation legitimising their earlier actions

34
Q

When was the ECHR drafted?

A

1950

35
Q

How will leaving the EU impact the Supreme Court?

A
  • 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
36
Q

R(Nickilson) v Ministry of Justice 2014

A

Article 8 of the ECHR (right to privacy) could not be used to justify assisted suicide

37
Q

Sutherland v Her Majesty’s Advocate 2020

A

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)

38
Q

Begum v Home Secretary 2020

A

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

39
Q

Why did the Supreme Court rule that Johnson could not prorogue parliament in 2019?

A

The power of the royal prerogatives must respect the conventions of parliamentary sovereignty and democratic accountability - particularly during the Brexit process

40
Q

Recent ruling of Supreme Court in relation to Scottish devolution

A

Ruled in 2023 that the Scottish Parliament could not approve another independence referendum without approval from Parliament

41
Q

How can the Supreme Court be described as quasi-legislative?

A

They have the power to establish precedent through common law

Gov & Politics (23 decks)

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