Relations between branches Flashcards
(16 cards)
Constitutional reform act
2005 made Supreme Court
How are judges chosen?
judicial appointments commission
must have 2 years judicial high office or satisfy 15 year eligibility condition in terms of their work as a barrister or solicitor
why can’t court strike down legislation?
parliamentary sovereignty
supreme court upholds parliamentary sovereignty
Miller v Secretary of State
2017 can’t exit EU without parliamentary consent
Miller v PM
2019 stopped proroguing of parliament. Decided unlawful because it had the impact of preventing parliament carrying out its constitutional functions
political response- lefty lawyers and impartiality
successful judicial review
30% claimants who are given permission to succeed are successful
Rwanda policy
ruled unlawful because it breached UK treaty obligations on treatment of refugees. Then passed Safety of Rwanda Bill to get around ruling.
All rulings are based on..
existing legislation
unconscious bias
judges are mostly white, middle class, oxbridge
Radmacher v Granitino
2010 case over prenuptial agreements
Lady Hale said there was a gender dimension to the issue, which was left to a court of 8 men and 1 woman. Lady Hale only dissenter
why are judges independent
tenure, independent appointment and pay, separate building to parliament
Parliamentary sovereignty since brexit
gained some, doesn’t have to uphold EU law and can make own trade agreements. Common Agricultural Policy was contentious
EU retained law
gave ministers power to reform retained EU law
Northern Ireland Protocol
they still follow EUs single market on matters like VAT and state aid.
Devolution
Parliament superior to devolved bodies unless specific power given to them
eg Scottish Parliament couldn’t legislate on gender
definition of sex
supreme court rules definition of sex based on laws that exist- sex only legally defined in 1975 Act and not amended since, so is the only basis for legal action
