The supreme court

Question 1

What was the act that enabled the supreme court?

Answer 1

The constitutional reform act of 2005

Question 2

What was the act of 2005 to do?

Answer 2

it was put in place so the judiciary was more independent, before the highest court was the house of lords meaning they could not be completely independent and were called law lords

Question 3

What is the idea of independence?

Answer 3

members of the judiciary should retain independence from any influence of government or political parties

Question 4

What is the idea of neutrality?

Answer 4

members of the judiciary should avoid using their own political ideas to affect the cases

Question 5

Some ideas that suggest the supreme court is independent?

Answer 5

• judges cannot be threatened with loss of income if politicians are unhappy with their decisions
• Constitutional reform act of 2005 removed most threats to independence by seperation
• cannot join a political party
• has not been bias towards or against parliament
• all judges have had a lengthy career as a lawyer
• cases are heard by at least 5 judges

Question 6

some ideas that suggest the supreme court is not independent?

Answer 6

• rights campaigners argue that some members of judiciary tend to favour rights of citizens
• netruality challenged becasue of their background
• some conservative commmentators claim many lawyers have a liberal persuasion
• risk that politcians and media will attempt to politicise judiciary meaning each justice would be confirmed by parliament . To this lord reed said he would resign

Question 7

Two key cases to do with the supreme court?

Answer 7

1. Government wanted to trigger article 50 and this is normally fine as it doesnt effect domestic law but due to this topic being brexit they argued it was only right parliament evoked it . Government said the had the prerogative powers as the government signed the initial membership but gina miller argued that parliament is sovreign so that should play a part .All 11 members sat on the case
2. Boris johnson issued prerogation bringing an end to parliamentary session . Not unusual such as in the queens speech however he did this during brexit which deinied parliament an opportunity to debate brexit . The supreme court ruled that it was infact unlawful and backed up what the scottish court had argued Again all 11 justices sat on the case

Question 8

What are the four roles of the supreme court?

Answer 8

ensuring the rule of law is applied
interpretating the law
conducting judicial reviews
hearing cases

Question 9

How do the supreme court and parliament interact?

Answer 9

parliament is omnipotent and can pass any laws no mtter how undesirable judiciary find it they can only pass an opinion or interpret the law. The power of supreme court relies on human rights act

Question 10

How do the supreme court and executive interact?

Answer 10

in the 1970s power lied with the government and was seen as a servant rather than an equal body . But due to an increasingly judicial review and growth of rights cultre and cra 2005 and the passage of humans right act in 1998 which improved independence

Question 11

Three more cases which were contreversial ?

Answer 11

belmarsh prision atcsa 2001 meant they could detain terrorists without trial or even telling them why only foreign terrorists this was argued a voikation of rights
sending immigrants to rwanda
abu hamza in a supermax prison in colorado