The Judiciary Flashcards
(19 cards)
What is the function of the judiciary in the UK and what is the highest court?
It interprets and enforces laws and includes both courts and judges
The Supreme Court
How many legal systems exist within the UK?
Three: England & Wales, Scotland, and Northern Ireland
Is parliament sovereign in the UK?
Legally yes - practially sovereignty is increasingly constrained
How does the judiciary traditionally behave in UK politics?
It is independent and typically avoids political matters
How is judicial independence protected?
Through security of tenure, immunity from lawsuits, and contempt laws restricting media interference
How was the judiciary’s role traditionally viewed and what changed by the 1980s-90s regarding judicial power?
it had minimal involvement in challenging parliament
Judges began clashing with ministers, promoting legal constitutionalism (imposing legal limits on the executive)
What does judicial review allow courts to do and how has the use of judicial changed?
Assess the lawfulness of executive actions (i.e. ultra vires actions)
Become more common, peaking in 2013
What did the European Communities Act (1972) do?
Gave EU law supremacy over UK law (repealed post-Brexit)
What impact did the Human Rights Act (1998) have?
Incorporated the ECHR into UK law -> courts can declare laws incompatible
How has devolution affected the judiciary?
Courts settle legal disputes over devolved powers (i.e. Scottish independence)
What dd the Constitutional Reform (2005) do?
Created the Supreme Court and reduce executive influence over judicial appointments
What was Miller I (2016-17)?
Parliament had to consent to triggering Article 50 for Brexit
What was rule in Miller II/Cherry (2019)?
The prorogation of Parliament was unlawful
Significance of the Miller case?
They reinforce judicial checks on the executive, especially when Parliament was sidelines
What constitutional tension did Brexit expose?
Between parliamentary sovereignty and popular sovereignty
Why did judicial involvement in Brexit spark controversy?
Critics argued unelected judges were becoming too politically influential
What factors expanded the judiciary’s role?
EU membership, HRA, judicial review, devolution, and constitutional reforms
What kind of constitutional model does the UK now have?
A hybrid model -> combining parliamentary sovereignty with growing legal constraints
Why is the judiciary’s role increasingly contentious?
Due to post-Brexit tensions and populist critiques of judicial activism
