SUPREME COURT Flashcards
(21 cards)
WHAT IS THE SUPREME COURT?
FINAL COURT OF APPEAL IN THE UK FOR CRIMINAL AND CIVIL CASES WHICH R OFF THE GREATEST CONSTITUTIONAL IMPORTANCE.
HOW WAS THE SUPREME COURT CREATED?
SECTION 23 OF THE CONSTITUTION REFORM ACT 2005 AND WAS ESTABLISHED ON OCTOBER 1ST 2009.
WHAT WAS THE AIM OF THE CONSTITUTIONAL REFORM ACT?
REDRAW THE RELATIONSHIP BETWEEN THE JUDICIARY AND THE OTHER BRANCHES OF GOVT.
WHAT IS THE ROLE OF THE SUPREME COURT?
- HEAR APPEALS
- SETTLES DISPUTES BETWEEMN GOVT
- JUDICIAL REVIEW
WHY IS THE JUDICIARY NEEDED TO SETTLE DISPUTES BETWEEN WESTMINSTER AND DEVOLEVD ADMINISTRATIONS?
SERVES AS A NEUTRAL ARBITER, INTERPRETING THE LAW TO ENSURE CONSTITUTIONAL BALANCE IS MAINTAINED.
DID EU LAW HAVE PRIMACY OVER UK LAW?
YES
ECA 1972 INCROPORATED EU LAW INTO UK LAW AND REQUIRED UK COURTS TO FOLLOW IT.
WHAT CASE CONFIRMED PRIMACY OF EU LAW OVER UK LAW?
FACTORTAME CASE 1991.
WHAT IS JUDICIAL REVIEW?
PROCESS BY WHICH UK COURTS REVIEW ACTIONS OF PUBLIUC BODIES TO ENSURE THEY R LAWFUK.
WHO CAN ASK FOR JUDICIAL REVIEW?
ANY INDIVIDUAL OR ORGANISATION DIRECTLY AFFECTED BY A DECISION MADE BY A PUBLIC BODY.
ON WHAT GROUNDS CAN A LAW BE CHALLENGED?
- ILLEGALITY
- IRRATIONALITIY
- PRCPCEDURAL IMPROPIETY
WHAT R THE GROUNDS OF JUDICIAL REVIEW BASED ON?
LORD DIPLOCK’S CRITERIA 1985
WHAT DOES ULTRA VIRES MEAN?
TO ACT BEYOND LEGAL POWERS.
CAN JUDGES OVERRIDE PARLIAMENT USING JUDICIAL REVIEW?
NO - PARLIAMENTARY SOVEREIGNTY
WHAT DOES JUDICIAL INDEPENDENCE MEAN?
PRINCIPLE THAT JUDGES SHOULD BE ABLE TO MAKE DECISIONS FREE FROM EXTERNAL INFLUENCE E.G FROM GOVT
DETERMINED BY LATIMER HOUSE GUIDELINES
WHAT R THE LATIMER HOUSE GUIDELINES?
- JUDGES APPOINTED ON MERIT
- SECURITY OF TENURE
- ADEQUATELY RESOURCED
- INTERACTION SHOULDN’T COMPROMISE INDEPENDENCE
WHY IS JUDICIAL INDEPENDENCE IMPORTANT?
WHAT R THREATS TO JUDICIAL INDEPENDENCE?
WHAT IS MEANT BY THE “ENEMIES OF THE PEOPLE” HEADLINE?
WHAT IS JUDICIAL NEUTRALITY?
PRINCIPLE THAT JUDGES SHOULD ACT FREELY FROM POLITICAL BIAS OR ALLEGIANCE.
