UK Supreme Court Flashcards
(42 cards)
Role
- Final court of appeal
- Public hearings
- Appeals on civil or criminal cases
Formation
- Constitutional Reform Act 2001
- Lord Chancellor no longer head of the branch
- Separated from the legislature
- JAC created to Vet the nominees
- Necessary after the HRA 1998
Appointments
- 12 Members
- Most senior is the president
- nominations are made by the JAC, approved by the LC, PM and the Monarch
- They all retire at 70 (before 1995) or 75 otherwise
Rule of Law
- Upholds a limited government
- Prevents the government from becoming arbitrary
- Trials should be fair
- No one is above the Law
- The judiciary is independent
Neutrality
- Should not be politically motivated
- Decisions should be made based on law only,with no favour or prejudice
How does the SC uphold neutrality?
- JAC vets the judges
- Professional ethics
- Lengthy experience and training
- Broadening backgrounds
- Legal precedent upheld
Independence
Should not face pressure from executive or legislature
How does the SC uphold independence?
- Lord Chancellor bound by oath
- Tenure
- Separate body
- JAC free from political involvement
- Immune from criticism or legal action from parliament
- Fixed salary
- Guidance from the HRA 1998
How does the SC fail to uphold independence?
- Government has final decision
- ministers have become more likely to criticise sc rulings
How is the SC influential?
- Judicial review creates pressure
- Final court of appeal
- HRA can better protect citizens
- Senior judges influential
- Reputation for protecting HR
- Freedom of information cases are upheld
How is the SC not influential?
- Cannot be pro-active
- No constitution - can’t strike down statute law
- Cannot make judgements beyond law
- Unelected
- Parliament is sovereign
HRA influence
- Made it possible for the SC to issue a ‘declaration of incompatibility’
- Parliament can ignore this but it adds pressure
Judicial Review
- Cannot rule parliaments actions unlawful
- During judicial review ministers decisions declared unlawful when they are ‘ultra vires’
What did Lord Diplock say about Judicial Review in 1985?
Only made on something that defies “logic or acceptance of moral standards”
HM Treasury v Ahmed and others (2010)
SC ruled freezing bank accounts of suspended terrorists was ultra vires.
So govt passed the Terrorist Asset Freezing Act 2010
Ghaidan v Godin-Mendoza (2004)
Reviewed the “Rent Act (1977)”
“his or her wife or husband was interpreted as if they were his wife or husband
When was the Act of Settlement and what did it do?
1701 - the LC can only increase salaries of the SC
Salaries frozen 2010-15
What did the Daily Mail brand judges in 2016?
“Enemies of the People”
What does the constitutional reform act say justices should be selected on?
“Solely on merit”
How did Cameron and May break judicial independence in 2011, what was the outcome?
They both criticised the decision in R(F) v Secretary of State for the Home Department.
May said she was “disappointed and appalled”
Lord Chancellor Keneth Clark had to write to both of them
What does ‘sub judice’ mean?
Under judgement
What does the Contempt of Court Act (1981) do?
Limits what the media can publish whilst cases are ongoing as not to jeopardise the hearings.
What happened when the Daily Mail and Daily Mirror broke the Contempt of Court Act in 2012?
They were fined £10 000 plus £25 000 in costs after publishing background details of Levi Bellfield
How has transparency been upheld in the SC?
- YouTube channel created in 2013
- Hearings are live-streamed
- Summaries of cases published
