Impact of the UK Supreme Court Flashcards
What Acts of Parliament allowed terrorist suspects to be
-held for indefinite detention at Belmarsh?
under the Anti-Terrorism Crime and Security Act 2001
How has the Appointments of the UKSC improved since the separation of powers?
it is significantly more independent and less opaque than the system under which Law Lords had appointed previously
Where is the UK Supreme Court?
London - In Middlesex Guildhall opposite the houses of parliament.
Has power changed since the separation of the law lords from the HOL?
The move has not been accompanied by any fundamental change in the roles or power of the court as the new Court has simply taken on the roles previously held by those Law Lords in the Appellate Committee in the HOL, HOWEVER the court has made significantly more rulings that impact the government. So perhaps the CULTURE has changed, if not the specific powers.
What evidence suggests that the higher levels of the UK judiciary have become more independent?
the increasing friction between the judiciary and the leading politicians. e.g. Boris proroguing Parliament.
What is the significance of physically separating the Law Lords out of Westminster? (3)
Giving the new Court its own building is likely to raise its profile, engender public interest and allow it to develop a distinct identity and character
How is it important that there is a lifting on the restrictions on television cameras in the UKSC?
This is likely to result in the emergence of a new relationship between the media and senior judges
How have there been changes in the way in which rulings are delivered?
The Courts website already carries downloadable texts of its rulings along with press summaries of many judgements
How is the fact that the Courts website carries downloadable texts of its rulings along with press summaries of many judgements , is important ?
this will allow for greater public scrutiny of the workings of the Court
Why can UK courts not declare parliamentary statutes unconstitutional?
this is because statute law is the supreme source of constitutional law in the UK
In the US what power does the US Supreme Court have that the UK courts cannot do?
US Supreme Court can void Acts of Congress whereas UKSC cannot declare parliamentary statutes unconstitutional
Although UK courts cannot declare parliamentary statutes unconstitutional, what can they do?
they can review the actions of government officials in order to decide whether or not they have acted unlawfully, ultra vires
Under what Act did the Uk incorporate the Treaty of rome 1957 into UK law ?
the European Communities Act 1972
What case was the first time UK Courts have been able to suspend Uk statutes that appear to be in violation of EU law?
the Factortame case 1990
What did the Factortame case 1990 illustrate?
This illustrated the first time that UK Courts have been able to suspend UK statutes that appear to be in violation of EU law
