Judiciary Flashcards
Why was the supreme court created?
To separate the UKs judiciary from parliament so that the judiciary can more easily check the power of parliament an the executive in 2005.
What is judicial review?
natural justice and precedent from past rulings protects rights and freedoms.
Which type of legislation is the Supreme Court eligible to overturn?
Secondary.
Explain the principle of Ultra Vires:
When someone or something acts beyond their powers. - acting without legal authority, despite requiring it.
Example of someone/ something acting Ultra Vires:
In 2016, Chris Grayling was ruled as acting as Ultra Vires when he introduced a “residence test” to the legal aid act in 2012.
Example of the Supreme Court opposing government:
In June 2018, the SC issued a declaration of incompatibility on the Civil Partnerships Act.
Ways the SC opposes government:
Declarations of incompatibilty.
Rulings based on the HRA.
The principle of Ultra Vires.
What are the two key principles of the Supreme Court?
Judicial Independence
Judicial Neutrality
In what ways does the SC neglect its principles?
Lord chancellor still makes final decision on Supreme Court appointments.
Demographic of SC is embalanced (predominantly white)
Way in which SC judges remain neutral:
Judges cannot sit in cases involving an associate or family member, and must avoid open political activity.
3 ways the SC remains independent and give analysis:
It’s in a separate building to parliament - better than the previous law lords
Appointed by an independent Judicial Appointments Committee - final decision on appointments made by lord chancellor(political role)
Cannot be removed for making the “wrong decision”, only for breaking the law. - still criticised for their ruling that article 50 must be triggered by parliament and not government
