The Supreme Court

Question 1

What is The Supreme Court of the United Kingdom

Answer 1

• The final court of appeal in the UK for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland.
• As the UK’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population

Question 2

History of the supreme court

Answer 2

• Established in October 2009 under the Constitutional Reform Act 2005
• Created as part of a push to strengthen the separation of powers in the UK constitution, by removing the judiciary (the Law Lords) from the upper house of the UK legislature (the House of Lords).

Question 3

Constitutional Reform Act 2005

Answer 3

It abolished the position of the Lord Chancellor’s judicial functions, established the Supreme Court, and created a Judicial Appointments Commission.

There are several criteria set out by the law in order for a person to become eligible to sit on the Supreme Court. These are:

• held high judicial office for a period of at least 2 years,
• been a qualifying practitioner for a period of at least 15 years,
• satisfied the judicial-appointment eligibility condition on a 15-year basis, or
• been a qualifying practitioner for a period of at least 15 years.

Supreme Court justices do not have a term limit but must retire at 70 if appointed after 1995

Question 4

Fusion of powers

Answer 4

Until 2005, the Lord Chancellor was a full fusion of all branches, being speaker in the House of Lords, a government minister heading the Lord Chancellor’s Department, and head of the judiciary.

Currently Lord Chancellor & Sec. of State for Justice is Shabana Mahmood

Question 5

Supreme court devolution role

Answer 5

Has a special role in relation to the devolution statutes in Scotland, Wales and Northern Ireland: it adjudicates on devolution “issues” raised and “references” made under those statutes.

Question 6

The Law Lords

Lords of Appeal in Ordinary

Answer 6

Judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included acting as the highest appellate court for most domestic matters.

Question 7

The different roles of the Supreme Court

Answer 7

1. Uniformity in Legal Interpretation
2. Finality in Legal Disputes
3. Influence on Policy and Society
4. Legal Precedent
5. Accessibility and Justice

And … Human Rights Protection and Constitutional Role

Question 8

The Supreme Court in enhancing Uniformity in Legal Interpretation:

Answer 8

The Supreme Court ensures consistency in the interpretation and application of the law across the different legal systems within the UK. This role is crucial for maintaining a cohesive legal framework, even though the UK comprises separate jurisdictions with distinct legal traditions and rules.

R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland

Question 9

The Supreme Court’s role Finality in Legal Disputes:

Answer 9

As the final court of appeal, the Supreme Court provides the ultimate resolution of legal disputes. Its decisions are binding on all lower courts, which means it plays a crucial role in the development and clarification of the law. This finality helps ensure stability and predictability in the legal system.

Case: Montgomery v Lanarkshire Health Board (2015)

Question 10

The Supreme Court role Influence on Policy and Society:

Answer 10

Through its judgments, the Supreme Court can influence public policy and societal norms. Its rulings on issues such as civil liberties, discrimination, and administrative law can have far-reaching impacts on how laws are understood and implemented.

R (on the application of UNISON) v Lord Chancellor (2017)

Question 11

Supreme Court role on Legal Precedent:

Answer 11

The Supreme Court’s decisions set precedents that lower courts must follow. This precedent-setting role helps to develop the common law and provides guidance to judges, lawyers, and citizens on the interpretation and application of the law.

Case: R v Jogee (2016)

Question 12

Supreme Court role on Accessibility and Justice:

Answer 12

The Supreme Court serves as an accessible final forum for justice. It ensures that individuals and entities from any part of the UK can seek a final appeal in the highest court, promoting the idea of justice being available to all, regardless of regional legal differences.

R (on the application of Evans) v Attorney General (2015)

Question 13

R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland

Answer 13

joint landmark constitutional law cases on the limits of the power of royal prerogative. In this case, the Supreme Court ruled that Prime Minister Boris Johnson’s advice to the Queen to prorogue Parliament for five weeks was unlawful. This decision demonstrated the Supreme Court’s role in ensuring that the actions of the UK government are consistent with the law across the entire UK. The ruling emphasized the principle that prorogation should not undermine the sovereignty of Parliament, maintaining legal uniformity and constitutional balance.

Question 14

Montgomery v Lanarkshire Health Board (2015)

Answer 14

This landmark case involved a claim of medical negligence in Scotland. The Supreme Court ruled in favor of Nadine Montgomery, establishing that doctors must ensure patients are aware of any risks involved in a proposed treatment. This decision provided finality and clarity on the issue of informed consent, impacting medical law across all UK jurisdictions.

Question 15

R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills (2015)

Answer 15

This case involved a Zambian student, Beaurish Tigere, who was denied access to a student loan due to her immigration status. The Supreme Court ruled that the blanket exclusion of certain groups from student loans was discriminatory and a breach of human rights. This judgment reinforced the protection of human rights across the UK, ensuring that policies are consistent with human rights principles.

Question 16

R (on the application of UNISON) v Lord Chancellor (2017)

Answer 16

The Supreme Court ruled that employment tribunal fees, introduced by the government, were unlawful because they prevented access to justice. This decision had a significant impact on public policy, leading to the abolition of these fees and ensuring that individuals across the UK could access employment tribunals without financial barriers.

Question 17

R v Jogee (2016)

Answer 17

In this case, the Supreme Court changed the law on joint enterprise, ruling that mere foresight of a crime is not sufficient for a murder conviction. This decision set a new legal precedent, requiring evidence of intention to assist or encourage the crime, thereby refining the legal standards applied in criminal cases across all UK jurisdictions.

Question 18

R (on the application of Evans) v Attorney General (2015)

Answer 18

This case involved the release of Prince Charles’ “black spider” memos. The Supreme Court ruled that the Attorney General could not override a judicial decision requiring the disclosure of the letters. This case emphasized the role of the Supreme Court in ensuring that justice is accessible and that government actions are transparent and accountable.

Question 19

UK Supreme Court decision on Scottish Referendum November 2022

Answer 19

The Scottish parliament does not have the power to unilaterally call a second referendum on Scottish independence. The judgment comes in response to a request from the lord advocate Dorothy Bain (the senior law officer of the Scottish government) for a decision on whether a second vote could go ahead, following the first referendum in 2014.

Question 20

The Christian Institute & Others v HM Advocate

28 July 2016

JUDGMENT GIVEN ON

Answer 20

The Supreme Court overrulled the Scottish Government’s named person service , as certain data sharing provisions were in breach of the right to respect for private and family life prescribed in **Article 8 **of the ECHR, meaning the Scottish Parliament must amend the Act in order for it to become law.

Question 21

Supreem Court role in Common law

Answer 21

The Supreme Court plays a crucial role in defining and shaping common law, especially in areas where its meaning is unclear. When judges in the Supreme Court interpret common law and make a judgment on its application, their interpretation becomes binding precedent for all lower courts.

Question 22

Supreme Court role in relation to Statute Law

Answer 22

In relation to statute law, the Supreme Court’s role is to interpret and apply legislative provisions enacted by Parliament. When disputes arise over the meaning or application of a statute, the Supreme Court provides authoritative interpretations that resolve ambiguities and clarify legislative intent. This interpretive function ensures that statutes are applied consistently across all courts in the UK.

Question 23

Supreme Court role in relation to Case Law

Answer 23

The Supreme Court’s role in relation to case law is to serve as the highest appellate court, establishing binding precedents that lower courts must follow. Through its decisions, the Supreme Court interprets and refines legal principles, providing authoritative guidance on how laws should be applied in specific contexts. This process of precedent-setting, known as stare decisis, ensures consistency, predictability, and stability in the legal system. By resolving conflicts and ambiguities in case law, the Supreme Court helps to develop a coherent body of law that evolves with societal changes and new legal challenges. Its judgments on complex legal issues influence the direction of the law and ensure that judicial interpretations align with contemporary standards and values.

Question 24

Supreme Court role in Judicial Review of Public Body Decisions:

Answer 24

The Supreme Court can conduct a judicial review of decisions made by public bodies, including government departments and local authorities. This process involves examining whether these bodies have acted within their legal powers and followed proper procedures. If a decision is found to be unlawful, the Court can quash it, ensuring that public bodies are held accountable and act in accordance with the law. Example: R (Miller) v The Prime Minister (2019)

Question 25

Supreme Court's role in Appeals on Grounds of Inequality:

Answer 25

The Supreme Court may hear appeals claiming that a **decision of a lower court** treated an individual unequally or unfairly. By addressing such claims, the Court ensures that **justice is administered without discrimination** and that all individuals are treated equally under the law. This upholds the principle of **equality before the law** and protects individuals from arbitrary or biased judicial decisions.

Question 26

Supreme Court's role in Asserting civil liberties

Answer 26

- The courts will normally consider three possible 'proofs' 1. - Whether the ECHR has been breached 2. The courts examine UK statute law, particularly the HRA to determine if there has been a breach of human rights; Declaration of incompatibility 3. The Courts may consider whether the case involves issues covered by unwritten common law principles

Question 27

Supreme Court composition

Answer 27

12 Judges, including a President, Deputy President and 10 Justices - Pres currently Lord Reed - Dept Pres currently Lord Hodge - The President is not the most senior judge of the judiciary in England and Wales; the Lord Chief Justice is (currently xxx) - There are always an odd number of justices on a case to ensure that a majority decision can be reached

Question 28

The Presidents of the Supreme Court

Answer 28

- Lord Philips (2009 - 2012) - Lord Neuberger (2012 - 2017) - Lady Hale (2017 - 2020) - Lord Reed (2020 - Incumbent) ## Footnote All of their Alma Maters were Oxford or Cambridge

Question 29

Deputy Presidents of the Supreme Court

Answer 29

- Lord Hope (2009 - 2013) - Lady Hale (2013 - 2017) - Lord Mance (2017 - 2018) - Lord Reed (2018 - 2020) - Lord Hodge (2020 - Incumbent)

Question 30

# f Justices of the Supreme Court (beyond Pres + Dept Pres)

Answer 30

- Lord Lloyd-Jones - Lord Briggs - Lord Sales - Lord Hamblen - Lord Leggatt - Lord Burrows - Lord Stephens - Lady Rose - Lord Richards - Lady Simler ## Footnote The current salary for a Justice of the Supreme Court is £206,857

Question 31

What happens when a vaccancy arisses in the Supreme Court

Answer 31

- The Lord Chancellor convenes an independent selection commission, consisting of the President, a senior court judge, and representatives of each judicial Appointments Commission for England & Wales, Scotland, and NI. - The Lord Chancellor confirms or rejects the names put forward - Judges are appointed by the British monarch on the advice of the prime minister, who receives recommendations from a selection commission. | Lord Chancellor is currently Shabana Mahmood

Question 32

Judicial neutrality

Answer 32

- The expectation that Judges will exercise their functions without personal bias - They apply and interpret the law in a neutral way - Conflict of interest + Avoid any political activity

Question 33

# Supreme Court key operating principle; judicial neautrality Conflict of interest

Answer 33

- A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. - Judges must refuse to sit in on a case which might give rise to doubt about the Justice's detachment

Question 34

In what ways does the Supreme Court ensure transparency ## Footnote (to enhance public trust and understanding of its operations and decisions)

Answer 34

1. Public Hearings 2. Live Streaming and Recordings 3. Publication of Judgments 4. Press Summaries 5. Annual Reports and Publications 6. Educational Outreach and Public Engagement 7. Media Access 8. Clear Procedures and Rules

Question 35

What proportion of judges are ethnic minority

Answer 35

The proportion of judges who identify as being from an ethnic minority background has been slowly increasing, from 7% in 2014 to 10% in 2022 Proportion of black judges is 1%

Question 36

What percentages of judges are women | As of 2023

Answer 36

Women make up 37% of court judges, and 54% of tribunal judges

Question 37

Lay Hale on diversity in 2019

Answer 37

White and male UK judiciary ‘from another planet’

Question 38

RADMACHER V GRANATINO (2010)

Answer 38

- Case invloving pre-nuptial agreement between married partners - Ultimately, the court held that the prenuptial agreement was legally enforceable - Upheld the principle that claims made in the event of a divorce should be limited

Question 39

Judicial independence

Answer 39

- The principle that judges must be free from political interference - Particularly important if they are called to administer justice in cases where there is a conflict between the state and an individual citizen - Important for the idea of separation of powers - Prevents executive and legislative encroachment

Question 40

Alexander Hamilton on Independence of the Judiciary | In Federalist No. 78 (1788) ## Footnote Of all the essays, No. 78 is the most cited by the justices of the United States Supreme Court

Answer 40

“The complete independence of the courts of justice is peculiarly essential in a limited Constitution."

Question 41

What are the potential risks of a judiciary that is too independent?

Answer 41

Possible abuse of power by judges, influenced by self-interest, ideological dedication, and corruption without checks and balances.

Question 42

How should the relationship between the judiciary and the executive be balanced?

Answer 42

It must be a complex series of dependencies and inter-dependencies that counter-check each other, avoiding excessive independence of one from the other.

Question 43

Why is judicial support of the executive not necessarily negative?

Answer 43

Because the executive is the branch of government with the greatest claim to democratic legitimacy.

Question 44

What is judicial accountability?

Answer 44

The duty of judges to explain and justify their decisions and make amendments where a decision causes injustice.

Question 45

How does judicial accountability relate to judicial independence?

Answer 45

It can reinforce judicial independence by showing that judges have proper reasons and rationales for their decisions.

Question 46

What balance should judges aim for?

Answer 46

Judges should aim to achieve equilibrium between accountability and independence to ensure that justice is upheld.

Question 47

What historical act marked the beginning of judicial independence in England?

Answer 47

The Act of Settlement 1701. ## Footnote (established tenure for judges unless Parliament removed them)

Question 48

What are the two important conventions under the uncodified British Constitution that help preserve judicial independence?

Answer 48

1. The UK Parliament does not comment on cases before the court. 2. The principle of parliamentary privilege protects MPs from prosecution in certain circumstances.

Question 49

How does the Constitutional Reform Act 2005 guarantee judicial independence?

Answer 49

It minimizes political interference in the judicial selection process and focuses on senior members of the judiciary rather than politicians.

Question 50

What does Part 2 of the Tribunals, Courts and Enforcement Act 2007 aim to achieve?

Answer 50

It aims to increase diversity among the judiciary.

Question 51

How is the pay of judges determined in the UK?

Answer 51

By an independent pay review body that makes recommendations to the government, which traditionally implements them fully.

Question 52

Under what conditions can judges remain in their positions?

Answer 52

: Judges can remain in post until they wish to retire or until they reach the mandatory retirement age of 70, as long as they hold their positions in "good order."

Question 53

What change did the Legal Services Act 2007 bring about in legal profession regulation?

Answer 53

It established the Legal Services Board to regulate the legal profession and created the Solicitors Regulation Authority and the Bar Standards Board to regulate solicitors and barristers, respectively.

Question 54

Article III of the United States Constitution ## Footnote One of three Vesting Clauses (the Judicial Vesting Clause)

Answer 54

The **judicial** power of the United States, shall be vested in **one Supreme Court**, and in such **inferior courts** as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which **shall not be diminished** during their continuance in office.

Question 55

Judicial discretion

Answer 55

- the **power** of the judiciary to make some legal decisions according to their discretion - Under the doctrine of the **separation of powers**, the ability of judges to exercise discretion is **an aspect of judicial independence**. - Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. - However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the **court may be abusing** its discretion and **undermining the rule of law**. - In that case, the decision of the court may be ultra vires, and may sometimes be characterized as judicial activism.

Question 56

What is judicial activism often contrasted with?

Answer 56

Judicial restraint. | recommends favoring the status quo

Question 57

What does the term "judicial activism" usually imply about judges' rulings?

Answer 57

It implies that judges make rulings based on their own views rather than on precedent.

Question 58

Why is it difficult to create a perfectly independent judiciary?

Answer 58

Because even highly independent courts are likely to be reshaped by political forces and accommodate the wishes of a durable political majority over time.

Question 59

What is one objection to the pursuit of judicial independence as a goal?

Answer 59

The goal might be unattainable because law is frequently indeterminate, requiring judges to make law rather than merely apply it, which some consider incompatible with judicial independence.

Question 60

What is a primary criticism of judicial activism?

Answer 60

Detractors charge that it usurps the power of the elected branches of government and legislatively created agencies, damaging the rule of law and democracy.

Question 61

What do defenders of judicial activism argue?

Answer 61

They argue that it is a legitimate form of judicial review and that the interpretation of the law must change with changing times.

Question 62

What argument do some proponents of a stronger judiciary make about its role?

Answer 62

They argue that the judiciary should have an expanded role to counterbalance the effects of transient majoritarianism and provide checks and balances.

Question 63

What do some scholars propose about judicial activism's appropriateness?

Answer 63

They propose that judicial activism is most appropriate when it restrains the tendency of democratic majorities to act out of passion and prejudice rather than after reasoned deliberation.

Question 64

Why is judicial independence important?

Answer 64

It is vital for upholding the rule of law by preventing the executive and Parliament from influencing judicial interpretations and applications of the law, ensuring fairness and impartiality in legal proceedings.

Question 65

What is security of tenure?

Answer 65

Security of tenure means judges are appointed for life and can only be removed from office for legal misconduct, not based on their decisions, ensuring they can make rulings without fear of retribution.

Question 66

What is the retirement age for judges in the UK?

Answer 66

The official retirement age for judges in the UK is 70 for those appointed to a judicial post after March 1995.

Question 67

What is judicial immunity?

Answer 67

Judicial immunity protects judges from legal action for comments made in the course of their judicial duties, ensuring they can speak freely and make rulings without personal legal consequences.

Question 68

How is the legal profession regulated to ensure judicial independence?

Answer 68

The legal profession is regulated by the Law Society, an autonomous body, ensuring that lawyers and judges are not trained or influenced by the state.

Question 69

What is the Consolidated Fund?

Answer 69

The Consolidated Fund is an independent budget from which judges' salaries are paid automatically, preventing financial manipulation by ministers or the government

Question 70

How does the physical separation of the Supreme Court from Parliament symbolize judicial independence?

Answer 70

The physical separation **reinforces** the judiciary's independence and **removes any doubt** about the **potential influence** of Parliament on judicial decisions.

Question 71

What constitutional conventions protect judicial independence?

Answer 71

Conventions **forbid** MPs and ministers from **criticizing judicial decisions** and restrict public commentary on ongoing cases (sub judice rule) to **shield** judicial processes from political pressure.

Question 72

How has the role of the Lord Chief Justice changed to enhance judicial independence?

Answer 72

The Lord Chief Justice now makes key **administrative decisions** previously made by the Lord Chancellor and **represents the judiciary's views** to Parliament and the public, increasing **institutional autonomy**.

Question 73

Article 6 of the European Convention of Human Rights

Answer 73

Right to a fair and public hearing ## Footnote Protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case

Question 74

The High Court

Answer 74

The High Court of England and Wales is a court of first instance for civil claims and also serves as an appellate court for both civil and criminal cases. - The three branches of the High Court are the Chancery Division, the Queen's Bench, and the Family Division. - Civil appeals from the High Court are sent to the Court of Appeal and then to the Supreme Court.

Question 75

What are the differences between the High Court and the Supreme Court?

Answer 75

The High Court does not rule over cases across the UK, whereas the Supreme Court has jurisdiction over cases from all parts of the UK. - The High Court does not have judicial review powers. - Usually, one judge presides over cases in the High Court. - In the High Court a jury of 12 is present in hearings involving defamation, false imprisonment, fraud, and malicious prosecution.

Question 76

What did Lord Phillips argue about the Supreme Court's budget in 2011?

Answer 76

He argued that the court's budget should be **pre-set and ring-fenced** to ensure its independence. ## Footnote He said the court's independence was threatened because it was dependent on persuading the Ministry of Justice (MoJ) for funding.

Question 77

What did Justice Secretary Ken Clarke say about the independence of the judiciary?

Answer 77

He said it was a "*storm in a teapot*" and "*of course*" the judiciary was independent.

Question 78

What was the main finding of the APPGDC's Report 2022 regarding judicial independence? | the all-party parliamentary group on democracy and the constitution

Answer 78

Ministers have **acted improperly** by questioning the legitimacy of judges, **creating an impression** that the Supreme Court's decisions favorable to the government **may have been influenced** by political pressure. | the report was published on 8 June 2022.

Question 79

What did the the APPGDC's Report 2022 say about the Supreme Court's decisions in the last two years?

Answer 79

The report found that the Supreme Court had made **seven** decisions in which it **departed from its previous** authorities and assumed a position "*more palatable*" to the government, creating **the impression of influence** by ministerial pressure.

Question 80

What impact has politicization had on the roles of lord chancellor and attorney general according to the APPGDC's Report 2022?

Answer 80

The roles have become politicized, with **appointments of politicians with little or no legal experience**, who **did not defend judges** against inappropriate ministerial conduct or press misrepresentations, and **sometimes attacked the judiciary themselves**.

Question 81

What was the APPGDC's Report 2022 finding on ministers' conduct towards judicial decisions?

Answer 81

The report found that ministers conflated "*decisions with political consequences*" with "*political decisions*", misleadingly suggesting that judges were stepping outside their constitutional bounds.

Question 82

How has the government's conduct affected judges' morale?

Answer 82

A 2020 survey cited in the APPGDC's Report 2022 found that **94% of judges** were "*concerned*" or "*extremely concerned*" about the government's conduct towards the judiciary.

Question 83

What did the APPGDC's Report 2022 recommend to protect judicial independence?

Answer 83

The report recommended **statutory guidance** for ministers on their constitutional duties to uphold judicial independence and on criteria for appointing law ministers.

Question 84

What issue did the APPGDC's Report 2022 highlight regarding the language used by the Supreme Court in some decisions?

Answer 84

The report noted that in some decisions, the Supreme Court **appeared to adopt language similar** to the **government's political talking points**, creating an appearance of **politicization of the judiciary**.

Question 85

In 2019, what did Kwasi Kwarteng suggest about judges in relation to Brexit, and how did Labour MP David Lammy respond?

Answer 85

Kwasi Kwarteng suggested that "*many people*" **think judges are biased**, particularly after the Edinburgh court ruled the suspension of parliament "*unlawful*." David Lammy criticized the comments as **shameful**.

Question 86

In 2020, after the prorogation case was ruled unlawful, what were the gov backed plans regarding the Supreme Court

Answer 86

The plans include reducing the size of the Supreme Court and renaming it to curtail its involvement in constitutional issues ## Footnote David Lammy, the then shadow justice secretary, accused the gov of trying to centralize power in No 10, undermining the independent judiciary.

Question 87

What did Jacob Rees-Mogg, then leader of HoC, reportedly say about the Supreme Court in 2020

Answer 87

Jacob Rees-Mogg privately accused the Supreme Court of a "constitutional coup,"

Question 88

What are the potential risks of replacing the Supreme Court with a system of drafting specialist judges for certain cases, according to critics?

Answer 88

Critics argue that drafting specialist judges could **politicize the court**, as **speculation** would arise about **judges' backgrounds and political leanings**, potentially undermining the court's **impartiality**.

Question 89

# Senior retired judges rarely speak on politically sensitive issues What did Former Supreme Court Justices do in April 2024 in relation to Israel

Answer 89

Four former justices, including Lady Hale, signed a letter to PM Sunak, warning that the UK is breaching international law by continuing to arm Israel - 750 Legal experts signed it in total

Question 90

The Judicial Oath

Answer 90

"I will do right to all manner of people after the laws and usages of this Realm, without fear or favour, affection or ill-will."

Question 91

Traditions of the courts The Royal Coat of Arms

Answer 91

- Appears in nearly every courtroom in England and Wales, demonstrating that justice comes from the - Judges and magistrates are therefore officially representatives of the Crown. - The presence of the Royal Arms explains why lawyers and court officials bow to the judge or magistrates’ bench when they enter the room. They aren’t bowing to the judge – they are bowing to the coat of arms, to show respect for the King’s justice.

Question 92

Bangalore Principles of Judicial Conduct

Answer 92

Intended to establish standards for ethical conduct of judges. 1. Independence 2. Impartiality 3. Integrity 4. Propreity 5. Equality 6. Competence and diligence

Question 93

Montesquieu in 1748 on the Separation of powers

Answer 93

‘*When the legislative and executive powers are united in the same person, or in the same body of magistrates, **there can be no liberty**... there is no liberty if the powers of judging is not separated from the legislative and executive... **there would be an end to everything**, if the same man or the same body... were to exercise those three powers.*’

Question 94

What is the role of the UK Supreme Court in relation to the European Convention on Human Rights (ECHR)?

Answer 94

The Supreme Court through HRA 98, is tasked with deciding **whether public bodies have acted compatibly** with the ECHR. It must interpret legislation to be compatible with the ECHR as far as possible and can issue a "*declaration of incompatibility*" if the legislation **cannot be interpreted to comply** with the ECHR. ## Footnote the UK Supreme Court **cannot strike down** legislation. It can only issue a "*declaration of incompatibility*," **signaling** to legislators that the law **should be amended** to comply with the ECHR.

Question 95

What is the UK Supreme Court's obligation regarding decisions of the European Court of Human Rights (ECtHR)?

Answer 95

The UK Supreme Court must "*take account*" of decisions of the ECtHR, but it is **not required to follow** these decisions. It may decline to follow them **if it believes** the Strasbourg Court did not **sufficiently consider specific aspects** of the UK's domestic constitutional position. ## Footnote The relationship between Supreme Court and ECtHR remains unchanged after Brexit, as the ECHR and the Strasbourg Court are separate from the EU

Question 96

How did the European Union (Withdrawal) Act 2018 affect the UK Supreme Court's relationship with the Court of Justice of the European Union (CJEU)?

Answer 96

The Act stipulates that UK courts, including the Supreme Court, are **not bound by CJEU decisions** made after 11pm on 31 December 2020. They **may consider these decisions if relevant** but are not obliged to follow them. Additionally, UK courts can depart from pre-2021 CJEU decisions where it appears **right to do so**.

Question 97

Are UK courts still able to refer questions to the Court of Justice of the European Union after Brexit?

Answer 97

**Generally, no**. However, there are **exceptions**, such as the **ability to refer questions** about the **interpretation of citizens' rights provisions in Part 2** of the EU-UK Withdrawal Agreement.

Question 98

# ``` ``` What is the test applied by the UK Supreme Court when deciding whether to depart from retained EU case law?

Answer 98

The UK Supreme Court applies the same test it uses when deciding whether to depart from its own case law. It will depart from a previous decision of the Luxembourg Court **where it appears right to do so**.

Question 99

What could supreme courts, (UK, ECJ, etc) do to enhance their legitimacy in democratic societies?

Answer 99

Supreme courts should **join public debate**, explain their law-making roles, and defend their policy choices transparently, similar to the German Constitutional Court.

Question 100

How is the transparency of judicial decisions by the Supreme Court compared to central banks like the Bank of England?

Answer 100

Both institutions' decisions significantly impact society. Transparency, as demonstrated by the Monetary Policy Committee's publication of deliberations, can mitigate legitimacy issues in democratic societies.

Question 101

What is a recommended practice for individual judges on supreme courts to maintain legitimacy?

Answer 101

Judges should **express their personal views in a manner** that maintains the court's high reputation for impartiality and constructive policy debate, similar to central bank officials.

Question 102

Stare decisis

Answer 102

legal principle by which judges are obligated to respect the precedent established by prior decisions ## Footnote Originates from the the Latin maxim '*Stare decisis et non quieta movere*': "to stand by decisions and not disturb the undisturbed".

Question 103

The Afghan hijacker case

Answer 103

- In February 2000 Nine Afghan men fled the Taliban by hijacking a Boeing 727 - In November 2005 they were granted temporary admission to Britain by Home Sec. Charles Clarke - A High Court ruling in May 2006 declared that the Home Sec.’s actions were "an abuse of power." - Tony Blair called the ruling "an abuse of common sense". - In 2006 the Home Sec. John Reid's appeal was dismissed by the Court of Appeal ## Footnote Jack Straw, David Blunkett, Charles Clarke and John Reid: all successive Home Sec. promised to deport the Afghans

Question 104

What were the key issues the UK Supreme Court considered in the Miller case?

Answer 104

The Court considered whether Article 50 could be invoked using prerogative power and whether the UK’s devolution arrangements impacted the Government’s capacity to trigger Article 50. - The Supreme Court ruled, by an 8–3 majority, that the Government could not use prerogative power to trigger Article 50. - The Court unanimously ruled that there was no legal requirement to consult or secure the consent of devolved institutions before triggering Article 50.

Question 105

Judicial review

Answer 105

Part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. - The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act. - A quashing order nullifies a decision which has been made by a public body.

Question 106

What is the Special Immigration Appeals Commission (Siac)?

Answer 106

Siac is a special immigration court that deals with appeals on national security grounds, among other matters.

Question 107

What are control orders

Answer 107

Control orders are measures that restrict the movement and activities of individuals suspected of terrorism without trial. ## Footnote The Liberal Democrats have condemned control orders as a "Kafkaesque" violation of the right to a fair trial, arguing they are an affront to British justice and fundamental rights.

Question 108

Two Pakistani students pose 'serious threat' but can stay in UK: May 2010

Answer 108

- Mr. Justice Mitting ruled that although Abid Naseer and Ahmed Faraz Khan posed a serious threat to national security, they could not be deported to Pakistan due to the risk of torture or death. - Home Sec. Theresa May expressed disappointment and stated that the government would take all possible measures to ensure the men do not engage in terrorist activity. ## Footnote Britain's counter-terrorism strategy was thrown into turmoil

Question 109

What perception do judges reinforce by allowing prisoners to remain in the UK, according to Therese May in 2013?

Answer 109

Judges reinforce public perceptions of human rights as "legal dodges" that allow criminals to escape proper punishment and continue to prey on the public.

Question 110

What accusation did Home Secretary Theresa May make against judges regarding deporting foreign criminals in 2013?

Answer 110

Theresa May accused judges of "subverting" British democracy and making the streets more dangerous by ignoring rules aimed at deporting more foreign criminals ## Footnote She vowed to introduce primary legislation to restrict the human rights of offenders after judges allegedly ignored parliament's wishes.

Question 111

How did Theresa May describe the balance of rights in 2013?

Answer 111

She describes the balance of rights as involving the individual's right to family life, the right to be free from violent crime, and society’s right to protect itself against foreign criminals.

Question 112

What was Sajid Javid's reaction to the high court's Article 50 judgment?

Answer 112

He stated it was "an attempt to frustrate the will of the British people and it is unacceptable."

Question 113

What is the role of the lord chancellor in upholding judicial independence, and how did Liz Truss respond to the media attacks on judges after the Article 50 ruling?

Answer 113

The **lord chancellor's role** is to uphold the independence of the judiciary and the rule of law, as Liz Truss committed to doing when she took office. However, after the Article 50 ruling, Truss **delayed nearly 48 hours** before responding, merely restating the principle of judicial independence **without condemning the attacks** on judges. This response was criticized as inadequate by many, including **former lord chief justice Lord Judge**, who believed Truss failed her statutory duty to defend the judiciary against vituperative criticism.

Question 114

What challenges does the Supreme Court face in achieving a more diverse judiciary, according to Neuberger?

Answer 114

The challenge lies in finding **qualified** individuals with the right experience **from diverse backgrounds**. Neuberger stated that if the choice of diverse candidates **is limited, it reflects societal issues** rather than problems specific to the judiciary. Ensuring diversity while **maintaining high standards of judicial excellence** is a key challenge.

Question 115

What is Neuberger's view on the impact of a more diverse court on its decisions?

Answer 115

Neuberger is uncertain whether a more diverse court **will radically alter its decisions**, noting that all judges, regardless of background, will have undergone **similar** legal training and experiences. However, he acknowledges that a more diverse court would be more representative of Britain’s population.

Question 116

the "equal merit" approach

Answer 116

when two candidates are equally qualified, the candidate who enhances the court's diversity will be chosen ## Footnote strategy aims to create a judiciary that better reflects the diverse population of Britain

Question 117

What did Lord Reed emphasize about ministerial accountability in his dissenting judgment in the Article 50 case

Answer 117

Lord Reed emphasized the constitutional importance of ministerial accountability to Parliament, citing historical examples such as taking the country to war in 1914 and 1939 based on ministerial exercise of prerogative powers.

Question 118

What was the ultimate conclusion of the dissenting justices regarding the Article 50 process and legislation?

Answer 118

The dissenting justices concluded that the Article 50 process should involve a partnership between Parliament and the executive, but legislation was not required simply to initiate it.

Question 119

At the current rate of progress, how long will it take for Black people to be properly represented within the England and Wales judiciary?

Answer 119

More than 125 years, with Black judges expected to match the general population's representation (3.5%) by 2149. ## Footnote Currently only 1.09% of the judiciary in England and Wales is made up of Black judges?

Question 120

What is the current percentage of women in the judiciary, and how long is it expected to take for them to account for half of the judiciary?

Answer 120

Women currently make up 35.34% of judges, and it is expected to take another decade for them to account for half of the judiciary.

Answer 121

- Raab is planning to curb judges’ powers, making it harder to bring successful legal challenges against the government in England and Wales. - The changes would limit ministers’ accountability in judicial reviews brought by claimants concerned about public body decisions. ## Footnote The recent Rwanda deportation flight case has attracted government ire related to judicial review?

Question 122

The Judicial Review and Courts Act

Answer 122

It removed the right of parties to bring a review against decisions by tribunals in immigration/asylum and social security cases.

Question 123

What were the findings about high court judicial reviews in 2021

Answer 123

Only 31 reviews found for the claimant, the lowest number since 2001, with a success rate of 2.2% of total cases lodged, prompting fears of a chilling effect on judges due to government rhetoric.

Question 125

garrick club scandal legal profession

Answer 125

- Some of Britain’s most powerful judges, including a serving member of the supreme court (David Richards), along with about 150 leading barristers, are members of the Garrick Club, which has repeatedly blocked attempts to allow women to join. - Included five appeal court judges, eight high court judges and dozens of serving and retired judges

Question 126

High court judge removed from case in part due to his Garrick membership | April 2024

Answer 126

The high court Sir Jonathan Cohen was due to hear a family court case involving an alleged rape and domestic abuse victim, but was removed from presiding over the case by another high court judge in part because of Cohen's membership to the all-male exclusive Garrick Club.