Unit 4: The Supreme Court Flashcards
What are the roles of the Supreme Court?
-The final court of appeal for all UK civil cases and criminal cases from England, Wales and Northern Ireland - plays an important role in the development of the UK
-Cannot consider a case unless a relevant order has been made in a lower court
-Hears appeal on arguable points of law of general public importance
-Concentrates on cases of the greatest public and constitutional importance
-Maintains and develops the role of the highest court of the UK as a reader in the common law world
What is the Supreme Court?
The highest court of law in the UK judiciary branch containing 12 justices, it was established in 2009 and hears cases of all cases in England, Wales and NI and civil cases in Scotland, it establishes legal precedent, hears appeals and lays down case law where there is legal uncertainty
Why was it necessary to introduce a Supreme Court in 2009?
-The principle of separation of powers in a cornerstone for the constitution - there should be separation between those who make the laws and those who review them and judge or interpret them
-allowed the Supreme Court to be more accessible to the public because in the lords, it was less accessible to enter, allow people to understand what is being considered
What act set up the Supreme Court?
Constitutional reform act 2005
What will have happened before a civil or criminal case reaches the Supreme Court?
-May go through 3 other courts, an NI or Scotland case will go through their legal system e.g. magistrates court, high court or crown court
What name is given to the highest criminal court in Scotland?
The High Court of Justiciary
Which other countries are represented by the Supreme Court?
Judicial Committee of the Privy Council - countries in the commonwealth
What cases will reach the Supreme Court?
Those who affect a lot of the public and represent a wider issue in society - those that have an impact on a large number of people - those that are considered significantly important for the nation
Who is under-represented in the Supreme Court?
Females - lady Hale was the first who was appointed
How many justices are there in the Supreme Court?
12
How was the court appointed before the 2005 CRA? What were the issues with this?
-Previously, the senior judiciary was appointed by the monarch on the advice of the PM and Lord Chancellor
-LC would consult existing senior judges through secret soundings (informal and secretive way that judges were appointed)
-lacked transparency, undermined separation of powers and resulted in an elitist senior judiciary drawn from a limited number of people - reason behind the CRA 2005
What did the CRA 2005 mean for the appointment process of justices?
-Constitutional Reform Act 2005 - meant that after October 2009, a Supreme Court judge didnt become a lord
-To be appointed you must: hold a high judicial office for at least 2 years OR be a qualifying practitioner for 15 years (someone who has a senior courts qualification)
-Vacancies filled by an ad hoc selection commission of 5 individuals unlike the JAC which makes all the other appointments to the Supreme Court (judicial appointments commission)
-The appointment process does involve the PM but their power is minimal - cannot reject names put forward by selection commission - just informed of decisions
How representative is the Supreme Court? What can this mean for those seeking justice?
-Not at all representative of the UK, only 2 women and no people of colour
-Mainly white men
-Most are still Oxbridge educated
-So, they don’t represent the UK, which can be disheartening for many especially those who must seek justice from those who have never been in a similar position to the individual that the SC is dealing with
What is a principle? With an example?
-Overarching values or standards that guide judicial interpretation and decision making - its a guidelines - can influence a doctrine
-e.g. the Rule of Law - created with Magna Carta where no one is above the law
-e.g. the Principle of Proportionality - to maintain human rights so that extreme punishment cannot be given as punishment
-e.g. the Principle of Rights and Equity - justice must be served and the outcome must be intense enough to ensure justice
What is a doctrine? Examples?
-established legal concepts or rules derived from precedents, statues, or constitutional principles, its a set of rules that the courts apply to all cases - ensures consistency in court cases - judges follow these doctrines unless there’s a compelling reason not to - its a rule
-e.g. the Doctrine of Precedent (stare decisis) - the UK SC adheres to previous decisions although it can depart from them if there’s interest of justice
-e.g. the Doctrine of Parliamentary Sovereignty - courts cannot overrule parliament
-e.g. the Doctrine of Separation of Powers - allows checks and balances
Who is A V Dicey and what does he say about the rule of law?
-A V Dicey, was a British Whig jurist and constitutional theorist - known as the author of Introduction to the Study of the Law of the Constitution
-The rule of law is one of the twin pillars of the constitution, with the other being parliamentary sovereignty
What are the 3 main strands of the rule of law according to Dicey?
- No one can be punished without trial
- No one is above the law and all are subject to the same justice
- The general principles of the constitution (like personal freedoms) result from the judges decision rather than from parliamentary statute
What evidence is here that the rule of law is threatened in the UK?
- Strand 1 makes sense in theory but isn’t maintained in practice e.g. terrorists subjects have been subjects to a rage of punishments without trial under measures passed since 2001 like indefinite detentions or freezing of their assets
- In strand 2, the monarch, however, is above the law as well as MPs and foreign ambassadors - a number of MPs use parliamentary privilege to end legal proceedings taken against them over their expenses during the 2009 expenses scandal OR when Bojo tried to prorogue parliament to pass Brexit
- In strand 3, the decisions of judges like case law or commons law, certainly have a part to play in defining the UK’s constitutional arrangements, parliament remains sovereign and statue law reigns supreme - any legal precedent can be overturned by an Act of Parliament
What is judicial responsibility?
The principle that those in the judiciary should be free from political control - allows judges to do the right thing and apply justice properly without fear of the consequences
What are the 6 pillars that maintain judicial independence in the UK?
- Security of tenure
- Guaranteed salaries paid from the Consolidated Fund
- The offence of contempt of court
- Growing separation of power
- Independent appointments system
- Training and experience of senior judges
What is meant by security of tenure as a way of maintaining judicial independence in the UK?
-appointed for an open ended term limited only by the requirement that they must retire by the age of 75
-politician cannot seek to bring influence to bear by threatening to sack or suspend them
-members of senior judiciary can only be removed as a result of impeachment proceedings requiring a vote in both Houses of Parliament
What is meant by guaranteed salary paid from the Consolidated Fund as a way of maintaining judicial independence in the UK?
-judges salaries are classified as standing services and are therefore paid automatically from the CF
-politician cannot manipulate judges salaries as a way of controlling them
What is meant by the offence of contempt of court as a way of maintaining judicial independence in the UK?
-under sub jedice rules, the media, ministers and other individuals are presented from speaking out publicly during legal proceedings
-justice can be administered fairly without pressure from the public or a politician
What is meant by growing separation of power as a way of maintaining judicial independence in the UK?
-downgrading of the post of lord chancellor and the new SC enhanced separation of powers
-previously Law Lords sat in the Lords and the lord chancellor had a significant role in all 3 branches
What is meant by independent appointment system as a way of maintaining judicial independence in the UK?
-Constitutional Reform Act 2005 saw the creation of the Judicial Appointments Commission
-greater transparency in appointments and stopped political bias
What is meant by training and experience of senior judges as a way of maintaining judicial independence in the UK?
-have a status in their chosen profession so are unlikely to defer to politicians or public opinion
