judiciar (more Detailed)

Question 1

What is the Supreme Court

Answer 1

The highest court in the uk judicial system, and acts as the final court of appeal for civil and criminal case rulings

Question 2

Why was the Supreme Court created

Answer 2

To physically separate the judiciary from the legislative branch, to provide checks and balances and avoid politicisation

Question 3

3 functions of the Supreme Court

Answer 3

Final court of appeal
Defending rights and liberties of citizens
common Law enforcement
(Previosuly) applying EU law and HRA

Question 4

2 examples of rights from the HRA

Answer 4

Right to life
Right to free and fair trial

Question 5

What 3 features protect the rights of citizens

Answer 5

Judicial review
Natural justice
Precedent

Question 6

2 key principles

Answer 6

Independence
Neautrality

Question 7

One way SC is independent

Answer 7

Appointment by JAC

Question 8

3 ways of influencing government

Answer 8

Judicial review
Declaring ultra vires
Opposing government decisions

Question 9

One way SC influences government - declaration of incompatibility

Answer 9

Point- can rule against secondary legislation and declare them illegal or not compatible with the ECHR
Example- 2018 civil partnership act because gay couples could marry or become civil partners but straight couples could not
Explain- ensure all citizens are protected equally by government actions

Question 10

One way SC influences government- principle of ultra vires

Answer 10

Point - declaring ministers as acting beyond their powers acts as a check on the legislative branch
Evidence - 2016 Chris grayling introduces a residence test on the legal aid act 2012 which he did not have the power to do
Explain- protects citizens and holds ministers to account for their actions

Question 11

One way SC influences government - opposing/upholding government decisions

Answer 11

Point- do this by making rulings based off of the HRA particularly over security regarding issues
Ev- 2015 SC upheld freedom of information request of Prince Charles letters to govt ministers
Explain - prevenets tyrannical government and holds accountable

Question 12

2 ways the SC is neglecting key principles

Answer 12

Demographic of court is imbalanced and unrepresentative of wider society
Lord chancellor makes final decisions