The Supreme Court Flashcards
(23 cards)
What is Judicial Neutrality?
The principle that judges should not be influenced by their personal political opinions and should remain outside of party politics.
This principle ensures that judicial decisions are made based on the law rather than political beliefs.
What does Judicial Independence entail?
The judiciary is independent from influence of the executive and legislative branches.
This independence is crucial for maintaining the rule of law.
When was the Supreme Court created?
The Supreme Court was created by the Constitutional Reform Act of 2005 and opened in 2009.
What was the role of the ‘law lords’ before the Supreme Court was established?
The ‘law lords’ were part of the legislature, sitting as members of the House of Lords and known as the Appellate Committee of the House of Lords.
What significant change did the Constitutional Reform Act make regarding the Lord Chancellor?
The act removed the responsibilities of Chairman of sittings of the House of Lords and Head of the judiciary from the Lord Chancellor.
Who selects judges in England and Wales?
Judges are selected by an independent Judicial Appointments Commission (JAC).
What are the three legal systems in the UK?
England and Wales, Scotland, and Northern Ireland.
What is the Supreme Court’s role in the UK legal system?
Acts as the final court of appeal and hears appeals of wider public and constitutional importance.
What is the composition of the Supreme Court?
The court consists of 12 members, with cases usually heard by an odd number of justices, typically 5 or 9.
Who is the current president of the Supreme Court?
The current president is Lord Reed.
How are vacancies for Supreme Court justices filled?
An independent five-member Selection Commission makes nominations, which are then confirmed or rejected by the Lord Chancellor and the PM.
What is the security of tenure for judges?
Judges cannot be removed from office unless they break the law, ensuring independence from government pressure.
What is the significance of the Consolidated Fund regarding judges’ salaries?
Judges’ salaries are paid automatically from an independent budget, preventing manipulation by ministers.
What was the outcome of the 2016 High Court ruling regarding Article 50?
The court ruled that it was parliament, not government, that must make the decision to invoke Article 50.
What was the Supreme Court’s ruling on the prorogation of Parliament in 2019?
The Supreme Court ruled unanimously that the prorogation was justiciable and unlawful.
How many justices typically participate in Supreme Court cases?
Typically, 5 or 9 justices participate in cases, with 11 justices involved in significant rulings.
Fill in the blank: Judicial Independence is a key part of the _______.
[constitution]
True or False: The Supreme Court has no female justices.
False
What concerns have arisen regarding the neutrality of the judiciary?
There are concerns about the lack of diversity among judges and potential political influences affecting judicial independence.
What was the purpose of the devolution referendum of 1997?
To determine whether Scotland should have a devolved parliament with tax varying powers.
What was the outcome of the Scottish independence referendum of 2014?
The no votes won by a close margin.
How many referendums were held in the UK since 1997?
A total of 11 referendums were held in the last 20 years.
What does the term ‘pale, male and stale’ refer to?
A characterization of the Supreme Court’s composition, highlighting the lack of diversity.
