Relations between the branches Flashcards
(16 cards)
Description of the Supreme Court
Highest court in the UK.
Only hears appeals from lower courts (High court or the Court of Appeal).
Constitutioanl interpretations
Upholding the rule of law
Judicial reviews of government policy
Interpreting devolution
Protecting HR on a higher level; under the framework of the EHCR
When was the Supreme Court established
2009 - first fulfilled its role
(established in 2005)
Achieving the complete separation of the branches - between senior judges and the upper chamber of Parliament (Lords)
Took over the jurisdiction of the Law Lords
Description of the High Court
Hears appeals from lower courts,
questioning the outcomes of cases in order to clarify difficult points of law
Description of The Courts of Appeal, Civil and Criminal Divisions
A collection of courts dealing with civil law disputes (NOT CRIMINAL) such as family law, negligence cases, reviews of government decisions and occasionally constitutional issues.
Significance of the ‘Constitutional Reform Act’
2005
removed the Lord Chancellor’s judicial functions and established the SUPREME COURT
Emphasised importance of the independence of the judiciary/removal from politics
Relations between the branches prior to 2005
The office of Lord Chancellor held positions in the judiciary, executive and legislature … raising concerns about potential conflicts of interest and lack of clear seperation between the branches.
Factors enhancing judicial neutrality
Principle that judges should not be politically active/motivated
No personal bias
Decisions based on the law alone
The ‘Judicial Appointments Commission’ (2006) eliminates any lack of neutrality
Factors limiting judicial neutrality
Demographically unrepresentative:
‘Male, Pale and Stale’ - 2017, judges in the High Court/Court of Appeal…proportion of BAME was bellow 1/10, a quarter and a fifth of judges were women.
2019 Supreme Court membership- all white/British, 4/12 not privately educated, 3/12 not Oxbridge Uni.
Role of the Supreme Court in the protection of Rights
The Human Rights Act of 1998 gives courts the power to issue ‘declarations of incompatibility’ if it believes that an Act of Parliament conflicts with the HRA… however this can be avoided/ignored e.g Safety of Rwanda Bill
Role of the Supreme Court in Voter ID
(2022) The Supreme Court confirmed that the cabinet office DID have the authority to impose voter identification for elections … ULTA VIRES
Limitations of Judicial Reviews
‘Criminal Justice and Courts Act’ 2015
Restricted judicial review by imposing financial disincentives, limiting grounds for challenge, and reducing judicial oversight in certain areas, thus curbing the ability to hold public bodies accountable through the courts.
Supreme Court powers - Gina Miller case study
Gina Miller brought fourth the ‘unlawful’ decision made by Theresa May to trigger Article 50 (2 year withdraw from EU) to the High Court.
2016, the High Court ruled in favour of Gina Miller (against the gov)
2017 The gov appealed to the Supreme Court who upheld the High Courts decision.
Thus, the case reinforced the courts ability to hold the government to account.
ULTRA VIRES
Supreme Court on Johnson’s prorogation of Parliament
2019, the Supreme Court ruled that Boris Johnson’s decision to prorogue (suspend) Parliament to avoid scrutiny on Brexit plans was unlawful
The ruling had a political impact on Johnson who had to face accountability, resuming Parliament debate and receiving scrutiny.
Established that the executive cannot undermine one of Parlaiment’s core democratic functions
ULTRA VIRES
Evidence of the Supreme Court ruling in favour of the government
2019 2 child benefit cap
The court ruled that the policy did not discriminate, and did not violate the ‘Right to family’
The process reaffirmed the courts role in upholding and investigating the government’s compatibility with Human Rights
Court ruling of rwanda
the government had to pass the ‘saftey of Rwanda Bill’ (Nationality and Borders Act 2022) as the high court had deemed that Rwanda was indeed, not a safe third country
Impact of BREXIT on the UK constitution
Undermined ‘Sewel Convention’ (The convention states that Westminster will not normally legislate on matters that are the responsibility of the devolved governments (Scotland, Wales, and Northern Ireland) without the consent of the relevant devolved legislature.)
Limited progative powers - unlawful prorogation of Parlaiment
1998 Good Friday Agreement - hard borders
