The Judiciary

Question 1

What is the UK Supreme Court?

Answer 1

The highest court in the UK, established to separate the judiciary from the legislature.

Question 2

When was the UK Supreme Court established?

Answer 2

In 2009, under the Constitutional Reform Act 2005.

Question 3

What did the Constitutional Reform Act 2005 change about the judiciary?

Answer 3

It created the UK Supreme Court and removed the judicial role of the House of Lords.

Question 4

What is the difference between the Law Lords and the Supreme Court?

Answer 4

Law Lords were part of the House of Lords; the Supreme Court is separate and independent.

Question 5

Who appoints Supreme Court Justices?

Answer 5

Formally by the monarch, on recommendation from the Prime Minister, following selection by an independent commission.

Question 6

What are the qualifications required to become a Supreme Court Justice?

Answer 6

At least 15 years of legal practice or 2 years as a senior judge.

Question 7

How many judges sit on the UK Supreme Court?

Answer 7

12

Question 8

What is the role of the judiciary in the UK political system?

Answer 8

To interpret laws, protect rights, and check the legality of government actions.

Question 9

What is judicial independence?

Answer 9

The principle that judges must be free from external pressures.

Question 10

Why is judicial independence important in a democracy?

Answer 10

To ensure fair and impartial application of the law.

Question 11

How is judicial independence maintained in the UK?

Answer 11

Security of tenure, independent appointments, protected salaries.

Question 12

What role does the Judicial Appointments Commission play?

Answer 12

It recommends candidates for judicial office based on merit.

Question 13

How are judges protected from political pressure?

Answer 13

They cannot be easily removed and are not subject to political control.

Question 14

Why must judges have security of tenure?

Answer 14

So they can make decisions without fear of dismissal.

Question 15

How does the separation of powers ensure judicial independence?

Answer 15

By keeping the judiciary institutionally separate from the executive and legislature.

Question 16

What is judicial neutrality?

Answer 16

The principle that judges should not show bias or political preferences.

Question 17

How is judicial neutrality different from independence?

Answer 17

Neutrality is about personal impartiality; independence is structural.

Question 18

Why is judicial neutrality important?

Answer 18

To ensure justice is seen to be done.

Question 19

What challenges exist to judicial neutrality in the UK?

Answer 19

Backgrounds of judges, media pressure, politicised judgments.

Question 20

How do judges avoid accusations of political bias?

Answer 20

They avoid political activity and follow established legal principles.

Question 21

What is judicial review?

Answer 21

The process by which judges review the lawfulness of government action.

Question 22

What is the principle of ultra vires?

Answer 22

That public bodies must not exceed their legal powers.

Question 23

What types of issues are examined through judicial review?

Answer 23

Legality, fairness, reasonableness of executive actions.

Question 24

Can UK courts strike down Acts of Parliament?

Answer 24

No, due to parliamentary sovereignty.

Question 25

What is the effect of judicial review on executive decisions?

Answer 25

It can declare them unlawful or quash them.

Question 26

Give an example of a government action ruled unlawful by the courts.

Answer 26

The prorogation of Parliament in 2019 was ruled unlawful in Miller II.

Question 27

What is parliamentary sovereignty?

Answer 27

Parliament has the ultimate legal authority in the UK.

Question 28

Why can UK courts not overturn primary legislation?

Answer 28

Because of the principle of parliamentary sovereignty.

Question 29

How do courts handle laws that conflict with the Human Rights Act?

Answer 29

They can issue a declaration of incompatibility.

Question 30

What is a declaration of incompatibility?

Answer 30

A statement that a law conflicts with the Human Rights Act, without striking it down.

Question 31

How does the judiciary interpret legislation?

Answer 31

Using rules of statutory interpretation and case law precedent.

Question 32

How can courts check the power of ministers?

Answer 32

Through judicial review of ministerial decisions.

Question 33

Give an example of the judiciary ruling against the executive.

Answer 33

R (Miller) v PM (2019) ruled prorogation unlawful.

Question 34

How did the Miller cases affect executive power?

Answer 34

They reaffirmed judicial oversight of executive actions.

Question 35

What is judicial activism?

Answer 35

When courts are seen to extend their role into political or policy matters.

Question 36

What is judicial restraint?

Answer 36

When judges avoid making decisions on politically sensitive issues.

Question 37

What is the Human Rights Act 1998?

Answer 37

A law that incorporated the ECHR into UK law.

Question 38

How does the HRA affect the work of judges?

Answer 38

They must interpret laws in a way that is compatible with the ECHR.

Question 39

What rights are protected under the HRA?

Answer 39

Rights such as freedom of speech, right to life, fair trial, privacy.

Question 40

Can courts enforce compliance with the Human Rights Act?

Answer 40

They can interpret legislation and issue declarations of incompatibility.

Question 41

What is the role of the European Convention on Human Rights (ECHR)?

Answer 41

It is the source of rights protected by the HRA.

Question 42

How does the UK judiciary apply the ECHR?

Answer 42

By interpreting UK laws in line with ECHR principles.

Question 43

What is the rule of law?

Answer 43

The principle that everyone, including the government, is subject to the law.

Question 44

What are the core principles of the rule of law?

Answer 44

Equality before the law, legal certainty, access to justice.

Question 45

How do courts uphold the rule of law?

Answer 45

By ensuring laws are applied fairly and government actions are lawful.

Question 46

How does judicial independence support the rule of law?

Answer 46

By ensuring judges can apply the law without political interference.

Question 47

How effective is the judiciary in holding government to account?

Answer 47

Increasingly effective through judicial review and human rights cases.

Question 48

How has the judiciary become more active in recent years?

Answer 48

More rulings against the government, particularly post-HRA.

Question 49

What criticisms have been made of an ‘activist’ judiciary?

Answer 49

Some argue judges interfere with politics and undermine sovereignty.

Question 50

What factors may limit the judiciary’s effectiveness?

Answer 50

Parliamentary sovereignty, lack of enforcement power, executive dominance.

Question 51

Why do some argue that the judiciary is becoming politicised?

Answer 51

High-profile rulings against government and media portrayals.

Question 52

How can the judiciary influence public policy?

Answer 52

Through interpretations of laws and high-profile rulings.

Question 53

What was the outcome of R (Miller) v Secretary of State for Exiting the EU (2017)?

Answer 53

Parliament must authorise triggering Article 50.

Question 54

What did the Supreme Court rule in Miller v Prime Minister (2019)?

Answer 54

Prorogation of Parliament was unlawful.

Question 55

What was the significance of the Belmarsh case (2004)?

Answer 55

Detaining foreign nationals without trial was ruled a violation of human rights.

Question 56

What did the judiciary decide in the Evans v Attorney General (2015) case?

Answer 56

Prince Charles' letters must be disclosed under FOI.

Question 57

How did the judiciary respond in R (UNISON) v Lord Chancellor (2017)?

Answer 57

Employment tribunal fees were ruled unlawful.

Question 58

What happened in the Shamima Begum case?

Answer 58

She was denied return to the UK to contest the removal of her citizenship.

Question 59

What did the judiciary rule in R (Begum) v Special Immigration Appeals Commission (2021)?

Answer 59

The government was entitled to prevent her return due to national security.

Question 60

What was the ruling in R (Privacy International) v Investigatory Powers Tribunal (2019)?

Answer 60

Judicial review of the Tribunal was permitted despite government resistance.