UNIT 4 RELATIONS BETWEEN BRANCHES

Question 1

The role and composition of the supreme court:

Answer 1

• Final court of appeal for all cases in the UK.
• Created by the Constitutional Reform Act 2005, ensuring judicial independence.
• Composed of 12 of the UK’s most senior judges.
• Appointments made by an independent Selection Commission.
• Only hears cases already decided in lower courts.
• Most cases are decided by a panel of 5 judges, with decisions based on a majority vote.

• The SC can rule that Parliament has acted beyond its legal powers (ultra vires).
• Can issue a declaration of incompatibility if a law violates the European Convention on Human Rights (ECHR).

• Belmarsh Case (2004) – SC ruled that detaining foreign nationals without trial (due to suspected terrorism) violated HRA 1998.
• Rwanda Bill Case (2023) – SC ruled the UK-Rwanda asylum policy unlawful, as it violated HRA and international refugee law.
• Schindler v Duchy of Lancaster (2016) – SC upheld the 15-year rule, barring UK nationals who had lived abroad for over 15 years from voting in the EU referendum. Ruling based on rule of law and non-discrimination principles.

Judicial neutrality
The principle that judges should hear each case without favour of any political party or ideology, instead applying the law fairly
Judicial independence
The principle that the judiciary should be free from influence from other branches of the state; the government and legislature should not influence judicial decisions, to ensure the separation of powers
Judicial review
The process by which the judiciary may review decisions made by the Executive or the legislature, declaring them to be unlawful if necessary.