the Supreme Court operates with sufficient independence and neutrality. Flashcards
(6 cards)
Judicial Independence in Law
Constitutional Reform Act 2005.
Judicial Appointments Commission (JAC) is responsible for selecting judges, and although the Prime Minister technically makes the final appointment, the process is designed to be based on merit and free from political influence.
Security of Tenure for Justices
Justices of the Supreme Court are appointed for life until the age of 75
Impartial Decision-Making
In R (on the application of Miller) v Prime Minister (2019), the Court ruled unanimously that the prorogation of Parliament was unlawful, despite political pressures from the government to limit Parliament’s role in Brexit negotiations. This ruling demonstrated the Court’s independence from the executive.’
SC livestreamed- judges must explain and rationalise decisions in front of the general public.
Sign up to the Judicial Oath: ‘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’–swear to impartiality
Some political Influence in Judicial Appointments
Critics argue that the current composition of the Supreme Court is heavily conservative-leaning, In 2021, all12 justices on the Supreme Court were appointed by Conservative governments
The Legal Profession’s Background and Political Ties
75% of judges educated at Oxbridge, which some critics argue creates a lack of diversity in the Court.(elite legal class)
ll judges white, only 2 women
Opinions if judges limited by their experiences and backgrounds. Cannot serve the public as neutral and independent of own views.
Pressure from Public Opinion and Media
After the Miller 2 case (2019), which ruled that Boris Johnson’s prorogation of Parliament was unlawful, there was considerable backlash from pro-government media outlets, with accusations of judicial overreach and bias against the government.
