Judiciary Flashcards
(17 cards)
1990
Factortame Case
1992
Maastricht Treaty
1998
Human Rights Act
2005
Constitutional Reform Act
2009
UK Supreme Court created
2016
Reilly V Secretary of State for Work and Pensions
2019
R (on the application of Miller) v The PM
2020
Sutherland v Her Majesty’s Advocate
2021
Begum v Special Immigration Appeals Commission and the Secretary of State for the Home Department
What are the benefits of a separated judiciary?
free from PM influence
No party bias
Check accountability of executive
Neutral
Who is in the judiciary?
Those directly involved in the administration and application of justice in UK
Refers to all UK judges- Lay Magistrates serving on tribunals
12 senior judges in the Supreme Court
Wha existed before the Supreme Court?
Appellate Committee of the House of Lords
Contained 12 law lords
Sat in judiciary and upper chamber of legislature
What does the judiciary have the power to do?
Set precedents- affect all cases
Accept or deny appeals
Shape common law
Judicial appointments commission
Separation of powers
No one can be punished without trial
No one is above the law
Legal justification of judgments
How are the Supreme Court Judges protected from corruption?
Security of tenure
Guaranteed sanctuaries
Contempt of court
Separation of powers
Training and experience
Anonymity
Political security
What is the process to becoming part of the Supreme Court?
Vacancy
5 member selection considers nominees
Submit report to Lord Chancellor
Accepts and notifies PM
PM notifies Queen
Queen issues letters of patent
What is judicial review?
Supreme Courts of Appeal establish legal precedent or common law through judgments
Defining meaning of the law
Establishes powers of public bodies
What is Ultra Vires?
Used to determine if ministers or government officers have acted beyond powers
Don’t question law but if boundaries of the law have been passed
