Supreme Court

Question 1

What was the purpose of the Constitutional Reform Act 2005?

Answer 1

To end the fusion of powers at the highest level of judiciary and modernise by moving towards separation of powers.

Question 2

How did the Constitutional Reform Act 2005 affect the judicial independence of the highest court?

Answer 2

It increased the highest court’s judicial independence and made it clearly separate from Parliament.

Question 3

What were the three roles of the Lord Chancellor before the reform act?

Answer 3

• Cabinet minister in government overseeing the legal system
• Chairman of sittings in House of Lords
• Head of judiciary who appointed other judges

Question 4

What is the current role of the Lord Chancellor after the 2005 reform?

Answer 4

Now just a government minister, with the legislative and judicial roles removed.

Question 5

Who chairs the House of Lords after the reform?

Answer 5

The Lord Speaker.

Question 6

How are judges in the UK Supreme Court appointed?

Answer 6

Nominated by an independent 5-member Selection Commission.

Question 7

What is the minimum qualification to be a justice in the UK Supreme Court?

Answer 7

Must have served as a senior judge for 2 years or been a qualified lawyer for at least 15 years.

Question 8

What is the retirement age for justices in the UK Supreme Court?

Answer 8

Must retire at 70.

Question 9

How many members are in the UK Supreme Court?

Answer 9

12 members.

Question 10

What is the composition of the UK Supreme Court justices?

Answer 10

10/12 are male, 12/12 are white
80% Oxbridge and majority private schools
All over 60
2021- Lady Rose only female justice

Question 11

What does judicial neutrality mean?

Answer 11

Judges exercise their functions without being influenced by personal bias or political opinions.

Question 12

True or False: Judges are allowed to campaign for political parties.

Answer 12

False.

Question 13

What are the sub judice rules?

Answer 13

Prevent MPs, government ministers, and the media from publicly speaking about impending or ongoing legal proceedings.

Question 14

What was the significance of the 2019 Prorogation of Parliament case?

Answer 14

The Supreme Court ruled that Johnson’s prorogation was unlawful, emphasising parliamentary sovereignty.

Question 15

What does HRA stand for?

Answer 15

Human Rights Act 1998

Question 16

What power does the Supreme Court have regarding legislation and the Human Rights Act?

Answer 16

Can declare acts of parliament incompatible with HRA and urge Parliament to change them.

Question 17

What is judicial review?

Answer 17

Power to ensure government hasn’t acted beyond the authority given by law in ‘ultra vires’ cases.
Can be by stretching secondary legislation too far or breaking primary legislation

Question 18

Fill in the blank: The Supreme Court’s ruling in the 2016 Miller case was that the government could not give notice of Britain’s intention to leave the EU without _______.

Answer 18

[parliamentary approval]

Question 19

What was the outcome of the 2015 Black Spider Memos case?

Answer 19

The Supreme Court ruled in favor of releasing letters sent by Prince Charles to government ministers.
Freedom of Information Act

Question 20

What is meant by the term ‘politicisation of the Court’?

Answer 20

The perception that the Court has become involved in political issues and influences political decisions.

Question 21

True or False: The Supreme Court is considered unelected and unaccountable.

Answer 21

True.

Question 22

What is the significance of the physical separation of the Supreme Court from Parliament?

Answer 22

It serves as a visible sign of independence from government pressure.

Question 23

What does the term ‘security of tenure’ refer to in the context of judges?

Answer 23

Judges can’t be removed from office unless they break the law or are impeached.
Only limit is retirement age of 70

Question 24

What is the purpose of the Joint Committee on Human Rights?

Answer 24

To scrutinise bills and ensure they are compatible with the Human Rights Act, shows the persuasive influence of the HRA

Question 25

What did Lady Hale argue regarding the composition of the Supreme Court?

Answer 25

It is important for the public to see the judiciary as their judges, not 'beings from another planet'.

Question 26

How has the media's perception of the Supreme Court changed recently?

Answer 26

The Court has become increasingly high profile and politicised. e.g. Daily Mail called them 'enemies of the people' following Article 50 ruling

Question 27

What is the role of the Lord Chancellor in the appointment process of judges?

Answer 27

Confirms or rejects the nominated judge; can only reject a nomination 3 times.

Question 28

What is the relationship between the Supreme Court and the principle of parliamentary sovereignty?

Answer 28

The Supreme Court cannot compel Parliament to change legislation due to the principle of parliamentary sovereignty.

Question 29

How does the Supreme Court display judicial neutrality?

Answer 29

Legal experience- background of justices (2 years as senior judge or 16 years qualified lawyer), enables judges to focus entirely on legal considerations Accountability- rulings must be explained, highlighting the points of law that have affected them, accountablity also upheld by appeals system and knowledge that cases can be reheard Conflicts of interest are avoided- judges refuse to sit in a case involving a family member, friend or associate Not public figures- judges have traditionally remained anonymous and discouraged from speaking out

Question 30

How does Supreme Court lack judicial neutrality?

Answer 30

Narrow composition limits perspectives on certaine issues - e.g. Radmacher v Granatino 2010 upheld principle that claims in a divorce should be limited, Lady Hale only justice to dissent, arguing mostly women would lose out as a result Evidence of Judicial Activism and willingness to speak out - e.g. Prorogation Ruling involved interpreting Constitution, Lord Woolf spoke out against New Labour's Constitutional Reform Act and Lord Philips criticised the wider use of mandatory sentences Greater use of Judicial Review indicates politicisation- high profile cases on Brexit and Scottish referendum have made judges less anonymous and seen as interfering too much in politics

Question 31

How is Judicial Independence ensured?

Answer 31

Security of Tenure Pay- salary from independet budget Appointments free from government influence Physical separation Sub Judice Rules

Question 32

Limits on judicial independence

Answer 32

Growing willingness of ministers to publicly criticise- eg. 2010 Theresa May (Home Sec) criticised refusal to deport 2 suspected terrorists to Pakistan, despite known links to al-Qaeda Funding- in 2011, Lord Philips raised concerns on independence of funding in repsonse to the coalition's spending cuts on court system- this was dismissed by Justice Secretary, insisting SC was independent of political interference Greater Judicial Activism suggests determination of judges to develop own application of law- Lord Neuberger attacked May in 2010 for her criticisms, saying her views were 'inappropriate, unhelpful and wrong'

Question 33

2016 Miller v Secretary of State for Exiting EU

Answer 33

Miller argued government couldn't give notice of Britain's intention to leave EU under Article 50 without parliamentary approval Gov Disagreed and argued use of executive power to unmake treaties 8-3 majority ruling that process of leaving EU involved removal of rights conferred by parliament so therefore had to give it's consent

Question 34

How does SC influence Executive and Parliament

Answer 34

Independence of Court guaranteed in law Can set aside executive actoins that contradict ECHR or rule of law Cannot overrule soverignty but can declare proposed legislation incompatible with ECHR Judgement an no longer be overtuend by higher courts, following Brexit

Question 35

How is SC's influence on Exec and Parliament limited

Answer 35

Cannot activate own cases, must wait for appeals Sovereignty of parliament means judgements can be overtuend by parliamentary statutw No power to enforce rulings, rely on exec and parliament to implement its rulings Its power and status are granted by statute law, could be overturned or altered by parliament With leaving EU, possibility that HRA could be repealed

Question 36

March 2025 example of positive impact of devolution

Answer 36

Starmer announced £415m of funding to inprove rail links in the North of England Also announced that local leaders would be given funding to boost regional transport Shows greater investment in the North as a result of pressure from devolved regions