The supreme court

Question 1

What is the supreme court?

Answer 1

Isn’t a single body
The highest court across the UK
Opened due to labours constitutional reform in October 2009

Question 2

Why are labours concern about the supreme court?

Answer 2

-Concernes over sepetstioj of powers
-Opaque system under which senior judges such as law lords were appointed
-Confusion of the work of law lords. specifically widespread failure to understand distinction’s between the legislative and judicial functions

Question 3

What are the functions of the supreme court?

Answer 3

-Act as the final court of appeal in England, Wales and northern ireland and hear appeals from civil cases in Scotland
-To clarify the meaning of the law, by hearing appeals in cases of uncertainty

Question 4

What is the 1st state of appointment in the supreme court?

Answer 4

A vacancy arises so a 5 member selection commission is convened to consider possible nominees and make a selection based on a merit

Question 5

What is the 2nd stage of appointment in the supreme court?

Answer 5

The commission submits a report to lords chancellor to identify nominees
-If lords chancellors reject the nominees the selection process discontinued and it requires commission to reconsider selection
-However if it’s accepted they notify the prime minister

Question 6

What is the 3rd state of the appointment in the supreme court- the confirmation?

Answer 6

Once notified the pm must recommend the candidate to the ruining monarch
And then the appointment confirmed once the monarch agreed

Question 7

What is the composition of the supreme court?

Answer 7

Candidate must have held a high judicial office for at least 2 yeard

Question 8

Within the composition of the supreme court, what does a qualifying practitioner consist of?

Answer 8

-Had a senior court qualifying
-Is an advocate in Scotland or a solicter entitled to appear in the scottish courts of session or the high cort of justice
-is a member of the bar of Nothern Ireland or a solicitor if the courts of judiciary of northern ireland

Question 9

Is the UK supreme court representative?

Answer 9

Yes and No
The SC is filled with white old males who are oxford and cambrige graduates
However we are seeing more ethnic minority and women in tye court noe

Question 10

How can you be considered to be a senior judge?

Answer 10

Held high judicial office for the last 2yrs or been a qualifying practitioner for the last 15 yes

Question 11

How are vacancy’s held?

Answer 11

House of commons selection committee as supposed to the judicial appointment commissions dealing with appointments to senior judiciary
Under CRA(2005) 5 members and hoc commissions shoukd decide the composition of court

Question 12

What is ultravires?

Answer 12

Beyond one’s power
Courts look into weather ministers or public body had gone beyond authrotu

Question 13

What is judicial review ?

Answer 13

Determines weather public officials or bodies have acted unlawfully

Question 14

What is an ultravires case study- Reilly Sos in DUP?

Answer 14

Riley argued job seekers allowance was effectively slavery. Under European Convention of Human Rights
Supreme court ruled it wasn’t slavery but the govt had been ultra cures as they hadn’t passed the law

Question 15

Judicial review case study- Factortame?

Answer 15

The European Court of Justice established that precedent that UK courts could suspect any UK law that interferes with the RUblaw
Came into place when the merchants shipping act in 1998 came in under EU law
Prior to the act company’s could register more then 50 spanish boats as british while purchasing UK fishing vessels
As boats were UK regsisterd it meant that their catches counted in the fishing quota.
The merchants shipping act was the givt attempt to close loophole
But when UK joined EU and was affected by their laws
So meaning the Uk givt can be called into account at the ECH

Question 16

Case study on the supreme court and human rights? Tigere

Answer 16

Tigere was a girl in the Uk who’s dad was an immigrant and traveled from Zambia when she was six on a student visa
Father left UK however Tigere stayed with her mother
It took many years for the Border Agency becomes aware that Tigere had overstayed they awarded her temporary possisipn to stay in the Uk with secure residency
Tigere completed A levels with full residency and secured a place at Northumbria Uni
But she wasn’t eligible for student loan and had to pay international fees
UK courts said this wasn’t good as it undermines Article 2 of ECHR the right to an education
Came into force and allowed Tigere to stay

Question 17

Has the UK judiciary become more politicised?

Answer 17

-AV diceys rule of law says no one can be punished w/o trial, no one’s above the law, general principles of the constitution result from parliamentary statute rather then judges decision, any legal president can be overturned by simple acts of parliment
-Judicial independence
Judicial neutrality

Question 18

What’s judicial independence?

Answer 18

Those in the judiciary should be free for control, the independence allows judges to do the right thing without fear of consequence

Question 19

What is judicial neutrality?

Answer 19

Where judges operate impartially (w/o bias) in administering office of justice
Judicial neutrality is one essential requirement of the rule of law

Question 20

How is judicial independence maintained?

Answer 20

-Security of tenure enjoyed by judges
-Guaranteed salary’s from the consolidated fund
-The offence of contempt in court
-Growing separation of powers
-Independent appointment of power
-Training and experience of senior judges

Question 21

Maintenance if judicial independence- Security if tenure enjoyed by judges?

Answer 21

Appointment by open ended terms, limited only by requirement that they must require by age 75, so politicians can’t seek to bring influence by threatening a sack or suspension
Only be removed by impeachment

Question 22

Maintenance if judicial independence- Guaranteed salary?

Answer 22

Classified as standing services so paid automatically via consolidated fees jd meaning politicians can’t manipulate pay

Question 23

Maintenance if judicial independence- The offence of contempt of court?

Answer 23

Due to subjustice rules, media/ministers and individuals present from publically speaking out during legal proceeding
designed to ensure justice is administered fairly without pressure from public or politicians

Question 24

Maintenance if judicial independence- Growing separation of powers?

Answer 24

Downgrade of lord chancellor and creation of the Uk supreme court enhancing separation to senior judiciary and other govt branches
Before this most senior judges and law lords held significant roles in all 3 frances of govt executive legislative and judicary

Question 25

Maintenance if judicial independence- Independent appointment system

Answer 25

Constitution reform act 2005 saw the creation of independent judicial appointment commission Bringing great transparency to the judicial appointment being served to have no political bias

Question 26

Maintenance if judicial independence- Training and experience of senior judges?

Answer 26

SJ served as apprenticing as barristers and have come to bench having achieved a certain status in profession Argued that individuals take pride in legal department so therefore unlikely to defer from politicians and public opinion This would be seen to compromise their judicial integrity

Question 27

Brexit case study and Judges- R miller vs secretary of state for existing Eu 2017?

Answer 27

Ruled that the UK givt may not initiate withdrawals from the Eu by formal notifications or the EU prescribed by article 50 of the treaty on the EU, withdrawing it an act of the UK parliament permitting govt to do so -2 days later govt response need by bringing to parliment the EU notify to withdrawal bill mUK supreme court peregration ruling on the 24th sept 2017 SC argued that the use of royal peroration on this case to perogue parliment just respect parliamentary sovereignty Court ruled that B Johnson peroging parliament was unlawful and prevent brexit debate bill

Question 28

How is judicial neutrality guaranteed?

Answer 28

Anonymity of senior judges Restriction on political activity High level of training Legal justification of judges

Question 29

How is judicial neutrality guaranteed?

Answer 29

-Anonymity if senior judges- operating away from the public eye -Restriction on political activity- Many civil servants aren’t supposed to campaign on political matters party or pressure group’s, judge should have right to vote but views should be on public record -High level of training- Should be highly trained to be neutral -Legal justification of judgments- SJ are generally expected to offer meaning of how decision are rooted in law so judges won’t go of personal bias

Question 30

Reasons to say the UK judiciary has become politicised?

Answer 30

-HRA has drawn judges in political fray requiring them to rule on a merit of individual piece of statute law as opposed to its application -Factor tame case established that the UK courts can suspend Acts or parliament where they are thought to contradict EU law -Politicians broken convention by public criticising judges as Brexit minister, David Davis did this when he reacted to Nov 2016 a high court ruining which state that the govt could not trigger article 50 w/o parliamentary approval -Creation of supreme court in 2009 and the physical relocation of those senior judges to a middlesex Guildhall has brought senior judges into the public arena and subjected them to greater scrutiny by the media

Question 31

Reasons to say the UK judiciary hasnt become politicised in recent years?

Answer 31

-Apointment process for senior judges been made transparent -More independent due to constitutional reform act in 2005 e.g. downgrading of the role of lord chancellor -Senior judges benefit from security of tenure and guaranteed salary’s to help insulate them from political pressure -Increased conflict between judges and politicians is a positive thing as it shows that the courts are prepared to challenge govt when it appears to be encroaching upon our civil liberties

Question 32

Supreme court case study- R Nickelson v minister of justice? year focus and significance?

Answer 32

In 2014 The right to die Significance was Article 8 of the ECHR couldnt have justified assisted suicide

Question 33

Supreme court case study- Horncastle R v Horncastle? year focus and significance?

Answer 33

In 2009 Hearsy evidence ‘witness evidence’ Significance of hearsay evidence used as a basis of conviction

Question 34

Supreme court case study- Prest v Petrode recourses LTD? year focus and significance?

Answer 34

In 2013 Company and divorce law Significant as company assets shoudl be seen as separate than the individual

Question 35

Supreme court case study- Ali Rawi v the security services? year focus and significance?

Answer 35

In 2011- Was a secret hearing significance was the outlawed the use of secret evidence in by intelligence service

Question 36

Supreme court case study- HS2 action alliance v secret or state transport? year focus and significance?

Answer 36

In 2014 Eu directs dint require government vt consult the HS2

Question 37

Supreme court case study- Sutherland v her majesty advocate in scotland ? year focus and significance?

Answer 37

In 2020 Limitations of the right to privacy Significant as the conviction to 13 years old even though the correspondent with 45 year old decision from groom register in scotland Supreme court rejects appeal by using evidence against breaking article 8 of the ECHR of the right to a private life

Question 38

Supreme court case study- Belgium vs special immigration appeal commission of secret of state departing ? year focus and significance?

Answer 38

In 2020 Right ti challange withdrawal of criticism Court appeal revealed Shamima Belgium a 15 ye old who left to join ISIS had right of article 2 and 3 to join ECHR to challenge gov In Feb 2011 it was revealed she can’t come back

Question 39

Limitation to the supreme courts power under the human rights act?

Answer 39

-HRA doesn’t have the same legal force as most of the bills of rights -As it’s statute law it can be repealed and it’s nit superior for anyone others therefor if a law is passed and goes im against it it’s okay to do so -Courts can declare incompatibility but can’t strike down law -When statute law is unclear the courts can use the HRA as a use of understanding what is legal president e.g. a law which stopped dead fathers details being on a child birth certificate was ruled incompatible also a law stating the home secretary could set a minimum life sentence for to be incompatible