Supreme Court

Question 1

3 Main reasons for and against SC having too much power over the executive?

Answer 1

-Composition makes it unrepresentative/ lack of power limits the importance of its underrepresentation.
-Too much power: to interpret HRA/ parliament has the ultimate decision making power.
-Power of judicial review/ this is an appropriate check on executive power.

Question 2

What did the Times describe the SC as?

Answer 2

‘Pale, male and stale’ 2011.

Question 3

How many justices are there on the SC?

Answer 3

12

Question 4

How many SC justices are male?

Answer 4

11

Question 5

How many SC justices have studied at Oxbridge?

Answer 5

11

Question 6

How many SC justices are white?

Answer 6

12

Question 7

How many SC justices are over 60?

Answer 7

12

Question 8

Which court case highlighted the deficiencies in representation of the SC? What happened?

Answer 8

Radmacher v Granatino- Lucy Hale- the only female justice- was one of 9 to dissent from majority verdict and suggested parliament should make such decisions where gender is key since it’s more representative.

Question 9

What judicial principle ensures that the SC’s unrepresentative nature doesn’t matter that much? How?

Answer 9

Judicial neutrality; not allowed to campaign for parties or political groups. Avoidance of conflicts of interest.

Question 10

What must judges do to justify their decisions?

Answer 10

Base their decisions in law and provide a full explanation of how they reached their decisions; these are publised.

Question 11

What does judges providing justification help to ensure?

Answer 11

Decisions aren’t influenced by politics/ demographic, but solely by the law.

Question 12

What experience must someone have to be appointed to the SC?

Answer 12

Must’ve been a senior judge for at least 2 years or been a qualified lawyer for 15. Elevation depends on evidence of them acting neutrally.

Question 13

What would an elected SC mean?

Answer 13

The SC would be more politicised and therefore impede on its ability to be independent.

Question 14

Overall, does the court’s unrepresentative nature mean it has excessive power over the other 2 branches?

Answer 14

No- while it is certainly unrepresentative and this should be changed with future appointments, its unelected nature allows it to remain neutral in holding gov to account; enhances its independence.

Question 15

What must all of government’s laws be in line with?

Answer 15

HRA; SC can declare acts of parliament as incompatible and urge gov to change them.

Question 16

How does parliament usually act in response to rulings of incompatibility?

Answer 16

Addresses them; joint committee on human rights to scrutinise bills- SC’s ‘persuasive influence’.

Question 17

Evidence of government acting according to SC rulings?

Answer 17

A v Secretary of state for the Home Department- gov introduced the Prevention of Terrorism Act in 2005 to deal with parts of the 2001 counter terrorism provisions which were discriminatory.

Question 18

Evidence that parliament has the ultimate decision on gov legislation, undermining power of SC?

Answer 18

No legal powers to compel parliament to change laws due to parliamentary sovereignty.

Question 19

Which law acknowledged its non-compliance with the HRA but went ahead regardless?

Answer 19

Suella Braverman’s Illegal Migration Bill 2023.

Question 20

Evidence of parliament ignoring a SC ruling?

Answer 20

SORA 2024.

Question 21

What does Judicial Review ensure?

Answer 21

That government isn’t acting ‘ultra vires’

Question 22

What would a declaration of government acting in ‘ultra vires’ mean for government?

Answer 22

It can be sanctioned or forced to reverse their action by the SC; unelected body overturning mandate of an elected gov.

Question 23

Example of SC declaring ultra vires?

Answer 23

Miller vs Prime Minister, when Boris Johnson prorogued parliament.

Question 24

Examples of SC’s power protecting parliament from executive?

Answer 24

Miller vs the Prime Minister

Question 25

Examples of SC's power protecting parliament's power against devolved bodies?

Answer 25

Ruling that the Scotland Act didn't give Scottish Parliament the power to call an independence referendum- consent of UK parliament necessary.

Question 26

Examples of laws avoiding SC power

Answer 26

Dissolution and Calling of Parliament Act 2022 removed SC's power of judicial review in relation to the dissolution of parliament. SORA.

Question 27

3 points on whether the SC operates with sufficient neutrality and independence

Answer 27

-Sufficiently independent -Insufficiently independent -Sufficiently neutral -Insufficiently neutral

Question 28

Which rules do SC judges have to follow in terms of staying neutral?

Answer 28

Like civil servants, they can't campaign for parties or pressure groups.

Question 29

What do judges have to base their decisions on? How do they justify them?

Answer 29

In the law; they have to provide a full explanation on how they reached the decision, which are published in full and televised on youtube for people to scrutinise.

Question 30

What requirements must a judge meet to be appointed to the SC?

Answer 30

Must've been a senior judge for 2 years, and a qualified lawyer for at least 15 years; appointment based on past performance, where they had to have been neutral.

Question 31

Who is the current president of the Supreme Court? What experience does he have?

Answer 31

Lord Robert Reed; senior judge since 1998.

Question 32

What factor limits the neutrality of the church?

Answer 32

Its narrow composition- leads to limited perspectives and potentially an inability to fully understand certain issues.

Question 33

What did the Times describe the SC as? Why?

Answer 33

'Pale, male and stale'; 11 are white, 10 are male and 12 are over 60.

Question 34

Evidence of SC justices privilege: education?

Answer 34

11 went to oxbridge; majority were privately educated.

Question 35

What concerns were there before the Constitutional Reform Act?

Answer 35

How independent the court was, since law lords were within the legislature and senior justices were appointed by the Lord Chancellor- speaker of HoL.

Question 36

Whose role did the creation of the SC change?

Answer 36

Removed the legislative and judicial role of the Lord Chancellor, who is now just a government minister.

Question 37

What are supreme court justices appointed by?

Answer 37

Independent Judicial Appointments Commission.

Question 38

How long do justices serve?

Answer 38

Security of tenure until they're 70. Only removed if they break a law or are impeached by a vote in both houses of parliament.

Question 39

How are judges paid?

Answer 39

By an independent budget- the consolidation funds- which can't be manipulated by government and are paid highly so less susceptible to financial pressure.

Question 40

Which rules help SC judges retain their independence? How?

Answer 40

Sub judice rules which prevent MPs, gov ministers and the media from publicly speaking about legal proceedings.

Question 41

What, more recently, has weakened judicial independence?

Answer 41

The media scrutiny- particularly over Brexit and immigration.

Question 42

Which cases have made the SC more high profile?

Answer 42

Article 50 case (Miller vs the secretary of state for exiting the EU) and the Prorogation case (Miller vs the PM). Comments on outcomes by the media and politicians could be seen to be putting pressure on.

Question 43

Which SC ruling led to criticism from the tories?

Answer 43

Rwanda was illegal under domestic and international law- criticised by Sunak in the media, for interfering with policy; undermines sub judice rules.

Question 44

What plan did Suank propose for the judiciary? What was the response?

Answer 44

Plans to recruit 150 new judges to expedite appeals related to the Rwanda deportation plan. Criticised for politicisation of courts.