Impact of the UK Supreme Court Flashcards
What reinforced the sense that the creation of a new UKSC was more of a change of ‘form’ than in ‘substance’?
-the Court’s ruling in the case of those suspected terrorists who had their assets seized without trial under the new anti-terror regime was not so different from when there was an indefinite detention of terrorist suspects at Belmarsh
What Acts of Parliament allowed terrorist suspects to be
-held for indefinite detention at Belmarsh?
under the Anti-Terrorism Crime and Security Act 2001
In what year did the UKSC rule that the UK Treasury had acted ultra vires when implementing parts of the Terrorism Order 2006?
2010
Why did the UKSC say that the Terrorism Order 2007 had acted ultra vires?
as the power had encroached upon fundamental rights
Under what 3 areas have the UKSC done little with their powers which had been available to the Law Lords ?
- ultra vires rulings
- ‘declaration of incompatibility’ under the HRA 1998
- disputes arising under EU law
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 UKSC?
Middlesex Guildhall
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
What evidence suggests that the higher levels of the UK judiciary were already functionally independent?
the increasing friction between the judiciary and the leading politicians ahead of the creation of the new Court
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
