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supreme court👩‍⚖️ Flashcards

(53 cards)

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1
Q

ultra vires

A

an action that is taken by a public body without legal authority when it requires it

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2
Q

judicial neutrality

A

principle that judges should be impartial from their own opinions

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3
Q

judicial independence

A

judges should not be influenced by other branches of government

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4
Q

judicial review

A

power to review , reverse (sometimes ) actions by other branches that breach law or are incompatible with Human Rights Act

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5
Q

Constitutional Reform Act 2005 outcomes

A

codified independence , judicial appointments commission removes political interference by selecting candidates , justice can only removed by both houses if misconduct

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6
Q

security of tenure

A

cannot be removed unless misconduct apart from that only loose position when retire at 75- decisions are based on law without pressure of re election of review

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7
Q

who is the president and former

A

Lord Reed , lady hale

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8
Q

why is it unlikely the minister for justice to reconsider the appointment

A

it would show no confidence in a sitting judge

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9
Q

why is it unlikely the gov will ignore a declaration of incompatibility

A

it would disrupt the rule of law and would brake international agreements and rules of statute

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10
Q

Human Rights Act 1998 relation to ECHR

A

codified ECHR into statue meaning citizens could defend rights in british. courts giving greater capacity to judiciary to protect civil liberties and check powers

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11
Q

actions of public authority

A

cancel a decision , send the decision back or award compensation

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12
Q

AM Zimbabwe V secretary of state for the home department 2020(action of public authority)

A

ruled he was entitled to an appeal on deportation based on how his lack of HIV treatment would effect his life , tribunal rejected appeal

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13
Q

what case ruled a man was entitled to an appeal on deportation based on how his lack of HIV treatment would effect his life , tribunal rejected appeal

A

AM Zimbabwe V secretary of state for the home department 2020(action of public authority)

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14
Q

seinfeld and keidan V secretary of state for education 2017 ( declarations of incompatibility)

A

ruled 2004 civil partnership act was incompatible as it didn’t allow opposite sex couples - gov ammended its legislation

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15
Q

which case ruled 2004 civil partnership act was incompatible as it didn’t allow opposite sex couples - gov ammended its legislation

A

seinfeld and keidan V secretary of state for education 2017 ( declarations of incompatibility)

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16
Q

up until april 2024 how many declarations of incompatibility have been overturned by appeal

A

12 of 47

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17
Q

Is independent due to fusion v separation evidence

A

CRA 2005 - independence from political bodies and influence , removal from lords gives greater independence over constitutional issues (lord chancellor removed from two bodies)
Security of tenure - cannot be sacked for decisions against excecutive , retirement at 75

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18
Q

Isn’t independence due to fusion for a long time

A

Courts resided in HOL as law lords, lord chancellor , justices were appointed to PM
Justice secretary (excecutive) has power to ask for reconsideration on appointment

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19
Q

Is independents due to interactions with elected branches evidence

A

Convention is gov shouldn’t use contact to judiciary to influence decisions and should refrain from certain comments
Senior salaries review body ensure politicians cannot incentivise judges
Sub judice means parliament is prevented from debating matters currently in front of court to avoid accusations of interference

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20
Q

Is not independent due to separation leading to weaker understanding of positions evidence

A

Ministers increasingly critical , accusing of partiality -Johnson critiqued courts interference with Brexit [process as an unelected branch undermining rule of law therefore democracy

Court wrote in deciding that it was based on law and process within parliament

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21
Q

Is independent due to restraint v activism evidence

A

They defer actions to elected branches to ensure they don’t become politically involved - Nicklinson 2014 assisted suicide
Judges only interpret law and fill in the gaps when new situations arise that aren’t clearly detailed in statute

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22
Q

Is not independent due to their activism evidence

Study These Flashcards
A

HRA means rule on governments actions giving a declaration of incompatibility- though this is not a political action as it is based on a statute and is important to emphasis rule of law

2013 cases of judicial review increased to 15,600 from 4,000 in 2000 ( though average of 2000 since 2020)

23
Q

Is neutral due to political views

Study These Flashcards
A

Hearings are live streamed for greater transparency
Judges don’t make philosophy known neither can they engage in activities that present bias
Contempt of court act - limits interference - 2012 daily mail and Mirror fined 10,000

24
Q

Is not neutral due to political views evidence

Study These Flashcards
A

Media attacks court for partiality - daily mail enemies of the people exposing 6 for being pro Brexit ( though says more about the media’s partisan nature rather than the court)
President - lady hale hit out at headlines
Patel named judges lefty lawyers

25
Judges are neutral due to social representation
Lady hale joined bench in 2004 as the only female and state educated when she stepped down she had been president for 3 years 5 females since 2009 Ingrid simpler is Jewish abd appointed head of diversity comitee of judges council 2019 Since creation till 2018 BAME candidates from 2 to 6%
26
Is neutral due to social representation
All justices except lord Stephen’s went to oxbridge , all are white (though the increased recommendations prove that their is work being done from the bottom up)- left says minorities are impacted negatively Lady Hale voted against prenups being legally enforceable but all male members voted in favour due to women being discriminated largely Right argues that education leads to liberal views which is why Brexit and terror rulings have been what they are favouring individuals over public interest
27
what act did belmarsh v secretary of state for the home department 2004 find incompatible
anti terorism , crime and security act 2001 - indefinite detention without trial of forgeign suspects of terorism ( against right to liberty and protection against discrimination)
28
how did the gov react to belmarsh case but how does it show parliamentary sovereignty
government repealed and replaced act but suspected international terrorists had to remain in prison until the new legislation passes
29
evidence of keeping judicial neutrality
pinochet case was overturned due to lord hoffmans conflict of interest
30
treasury v mohammed jabar ahmed and others 2010 (ultra vires /parliamentry soverighty)
asset freeze on brothers suspected to be fundraising for al queda decided to be ultra vires government created terrorist asset freezing act within 4 days
31
case where assets freezing was continued by gov even after supreme court decided against
treasury v mohammed jabar ahmed and others 2010 (ultra vires /parliamentry soverighty)
32
R v Chaytor 2010 (parliamentry sovereignty)
dismissed appeal on expenses scandal as actions in parliament doesn’t make it a proceeding in parliament parliament actively supported investigation
33
evans vs attorney general 2015 (protect rights and power over government)
attorney general vito overturned and letters were disclosed as royal family were not protected under freedom of info
34
miller vs secretary of state for existing in the EU 2017/ miller 2 (ultra vires parliamentry sovereign)
8-3 decided consent from parliament was required to trigger article 50, treaties entered into by statute law should be ammednded the same
35
unison v lord chancellor 2017 (protect rights ,ultra vires)
Fees order transferring some costs of employment tribunals to claimant was ultra vires as it prevented access to justice Raab stopped and reinburswd over 32 million
36
what case forced Raab to reimburse over 32 million due to conflict over fees order
unison v lord chancellor 2017 (protect rights ,ultra vires)
37
Lee vs Asher baking company ltd 2018
Court held they could not be obliged to take an action against own beliefs - baking cake saying support gay marriage
38
Miller vs prime minister 2019/miller 2 (ultra vires , power over government)
Johnsons prorogation was unlawful and motives were not central to the issue , preventing parliament to carryout functions
39
Johnson prorogation case
Miller vs prime minister 2019/miller 2 (ultra vires , power over government)
40
Secretary of State for business and trade v mercer 2024(protection of rights)
Simler ruled that loopholes used to suspend over strike action were in breach of ECHR
41
Simler ruled suspension on planned strike action to have breached ECHR case
Secretary of State for business and trade v mercer 2024(protection of rights)
42
RRv secretary of state for work and pensions 2019 (protect rights)
bedroom tax on partners of severely disabled breached human rights as extra space was needed
43
indy ref 2 case 2022
scotland not have power over constitutional areas including the constitution position of the union
44
rwanda case 2023 (parliamentary sovereignty and lack of power over government)
unlawful as a result of refoulment to country of origin gov passed an act to deem rwanda safe
45
Supreme Court has too much power due to judicial review
Quash ultra vires actions , give public ability to challenge the governments lawfulness - unison 2017 led to Raab stopping fee orders and reimbursing
46
Supreme Court doesn’t have too much power judicial review
Rulings are based in law and deciding whether actions are ultra vires upholdas parliament sovereignty . Jabar Ahmed’s v treasury 2010 was ignored as parliament has right to determine restricted rights - terrorist asset freezing act Scotuk did not initiate change to law only stated that it was currently ultra vires
47
What did Carr rebuke
Badenoch and starmer critiqued upper tribunal for overturning a denial to let a Palestinian family enter to stay with a British relative
48
Supreme Court has too much power human rights act
They cannot force to act when declared incompatible but encourages change or repeal because the government would b e breaking international agreements (ECHR) Belmarsh case was polarising but the controversial part was replaced -indefinite detention with control orders
49
Supreme doesn’t have too much power humans rights act
Declarations of incompatibility still uphold parliamentary sovereignty It can only highlight not enforce change steinfiked and keidan where government changed law only stated civil partnerships to include opposite sex couples
50
Supreme Court has too much power number of cases
Increases since 2000 prevent ability of parliament/excecutive to deliver legislation as they are having to correct existing law Delay current policy as cannot debate a subject whilst it is in court - HS2 delayed provisionally until appeals on environmental impact were dismissed
51
Supreme Court do not have too much power number of cases
Since peak in 2013 declined and remain stable at 2,000 per year Judicial review is necessary to ensure actions are within legal limits , particularly important given high numbers of cases on immigration , deportation
52
Supreme Court have too much power activism - more likely to challenge
Unelected and unaccountable ( security of tenure ) means they should have less say on democratically elected officials , especially enacting peoples will Regularly allows appeals on deportation ( AM Zimbabwe ) , Article 50 Left wing critics lack of diversity - 10/12 men
53
Supreme Court doesn’t have too much power activism
Simply fulfilling role as a check on powers , vital given fusion of powers (FPTP huge majorities) parliament created HRA giving courts power to ensure future laws are compatible Vital in answering constitutional questions such as prorogation - based in law , uphold parliamentary sovereignty (Lady Hale) Nicklison shows they allow parliament to legislate on moral issues and they are simply there to legislate

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