supreme court

Question 1

3 strands of the rule of law (Dicey’s pillars)

Answer 1

1. no one can be punished without trial
2. no one is above and all are subject to the same justice
3. the general principles of the constitution result from judges decisions rather than from parliamentary statute

Question 2

order of judiciary

Answer 2

1. Supreme court - final interpreter of the law
2. Court of appeal - hears appeals from lower court cases
3. high court - complex cases
4. crown court/magistrates court - serious criminal cases

Question 3

6 roles of judiciary

Answer 3

1. making law - judicial precedent
2. interpreting the law - judges interpret the true meaning of unclear laws
3. establishing case law - judges decide how the law is applied in particular cases
4. declaring common law - judges declare what law should be
5. judicial review - hear cases brought by citizens where they believe they have been treated unfairly, usually HRA
6. public inquiries - judges can hold inquiries into matters of major public concern and recommend action to the UK parliament

Question 4

when was the supreme court created

Answer 4

began to operate in 2009, was established in CRA 2005

Question 5

features of the SC

Answer 5

• highest court of appeal in UK
• members do not sit in HoL
• members are appointed by an independent selection commission with no political influence
• since leaving the EU, the SC cannot be over ruled by the ECJ
• has a constitutional duty to uphold the ECHR