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Politics Paper 1:Government Of The UK > The UK Supreme Court > Flashcards

The UK Supreme Court Flashcards

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1
Q

What is the Supreme Court?

A

The highest Court of Appeal that hears cases in all of its three powers.

The Supreme Court can address issues related to the legislative, executive, and judicial branches.

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2
Q

What is the principle of separation of powers?

A

The principle that divides government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

This principle is vital for maintaining checks and balances within the government.

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3
Q

What role do justices of the Supreme Court play?

A

Justices are impartial, fair, and unbiased.

Their role is to interpret the law without personal bias.

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4
Q

Does the Supreme Court review the legality of Acts of Parliament?

A

No, the Supreme Court does not review the legality of Acts of Parliament.

This is a key aspect of parliamentary sovereignty.

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5
Q

What significant act was passed in 2005 related to constitutional reform?

A

The Constitutional Reform Act 2005.

This act reformed the structure and operation of the judiciary in the UK.

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6
Q

What is required for a person to be appointed as a justice of the Supreme Court?

A

Must have 15 years of legal experience.

This ensures that justices have substantial legal expertise.

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7
Q

Who is involved in the selection process of Supreme Court justices?

A

Independent Selection Commission, Lord Chancellor, Prime Minister, Monarch.

This multi-step process aims to ensure a fair and unbiased selection.

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8
Q

What does the Supreme Court do when it finds an Act incompatible with the European Convention on Human Rights?

A

Issues a declaration of incompatibility.

This does not invalidate the Act but indicates that it conflicts with human rights standards.

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9
Q

Fill in the blank: The Supreme Court has _______ justices.

A

15.

This number can vary based on judicial needs.

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10
Q

True or False: The Supreme Court allows parties to present their cases with set faces.

A

True.

This refers to the formal nature of court proceedings.

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11
Q

What did the Supreme Court state regarding the Court Farthap Act?

A

It declared that the Act is incompatible with the European Convention on Human Rights.

Such declarations highlight the court’s role in upholding human rights.

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12
Q

What is the process for nominating a candidate for the President of the UK Supreme Court?

A

A five-member selection commission is convened to consider possible nominees and make a selection based on merit.

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13
Q

Who submits a report identifying a nominee for the UK Supreme Court?

A

The selection commission submits a report to the Lord Chancellor.

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14
Q

What must the Prime Minister do once notified of a candidate for the Supreme Court?

A

Recommend the candidate to the Queen.

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15
Q

What confirms the appointment of a Supreme Court justice?

A

The monarch issues letters patent.

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16
Q

True or False: The Supreme Court is expected to be perfectly socially representative of the broader population.

A

False.

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17
Q

Who is the President of the UK Supreme Court as of April 20, 2021?

A

Lord Reed.

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18
Q

List any two justices of the UK Supreme Court as of April 20, 2021.

A
  • Lord Hodge
  • Lady Arden
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19
Q

What concerns have been raised about the membership of the UK Supreme Court?

A

Accusations of elitism.

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20
Q

What type of schools did most justices of the UK Supreme Court attend?

A
  • Independent
  • State grammar
  • State comprehensive
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21
Q

Fill in the blank: The UK Supreme Court opened for business in _______.

A

Middlesex Guildhall.

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22
Q

What are the statutory qualifications for office in the UK Supreme Court?

A

Considerable prior legal experience.

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23
Q

What is a requirement for the commission regarding its selection process?

A

Requires the commission to reconsider its selection if necessary.

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24
Q

What universities did Lord Hodge attend?

A

Cambridge.

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25
What is the age of Lady Arden as of April 20, 2021?
66.
26
What is the age of Lord Kitchin as of April 20, 2021?
65.
27
What is the significance of the letters patent in the appointment process?
It confirms the appointment of the justice.
28
Who accepts the selection made by the commission?
The Lord Chancellor.
29
What is the purpose of the establishment of the Consbioubienal Refem Act?
To address issues related to the incomplete separation of powers ## Footnote The act aims to clarify the roles and responsibilities within the government.
30
What is a key principle regarding punishment in the judicial system?
No one can be punished without a trial ## Footnote This principle ensures the right to a fair trial.
31
What does the judicial principle state about equality before the law?
No one is above the laws and all are subject to the same justice ## Footnote This principle emphasizes the importance of equal treatment in the legal system.
32
What are the general principles of the Constitution derived from?
Decisions of progress ## Footnote These principles reflect the evolving nature of constitutional law.
33
What is the role of the Final Court of Appeal?
To hear appeals on criminal cases in Scotland ## Footnote It serves as the highest court for legal disputes in the country.
34
What type of cases does the Final Court of Appeal hear?
Cases where there is uncertainty and deny the meaning of law ## Footnote This includes cases that require clarification of legal interpretations.
35
List the three key principles of punishment.
* No one can be punished without a trial * No one is above the laws * General principles of the Constitution result from decisions of progress ## Footnote These principles guide the judicial process and ensure fairness.
36
What is one feature that supports judicial independence?
Contempt of court ## Footnote This helps maintain the authority and respect of the judiciary in legal proceedings.
37
What is the importance of judicial review?
Judicial review allows courts to review the actions of public officials/bodies to determine if they are lawful.
38
How do higher courts influence the interpretation of law?
Higher courts clarify the meaning of the law through their judgments rather than merely applying it.
39
What does 'ultra vires' refer to?
'Ultra vires' refers to actions taken beyond the authority or powers granted.
40
What is the significance of Article 4 of the ECHR?
Article 4 of the ECHR provides protection against slavery.
41
What conclusion did the Supreme Court reach regarding the ONA and slavery?
The Supreme Court concluded that the ONA had not established slavery in violation of the ECHR.
42
What did the Back to Work Schemes Act 2019 change?
It changed the law so that no offense was committed under certain welfare schemes.
43
Fill in the blank: Judicial review examines actions of public bodies to determine if they are _______.
[lawful]
44
True or False: Higher courts only apply the law without interpreting its meaning.
False
45
What legislation has influenced the concept of authority in judicial review?
European Union Law and the Human Rights Act 1948.
46
What did the constitutional reform act 2005 enhance?
Judicial independence ## Footnote By reducing the Lad Chancellor and removing most senior judges from the House of Lords.
47
What was a significant impact of the Constitutional Reform Act 2005?
Created a clearer separation between judiciary and the government ## Footnote Allowed senior judges to develop a public profile.
48
Which act empowered UK's most senior judges to question Parliament's actions?
The Constitutional Reform Act 2005 ## Footnote This act allowed for greater judicial scrutiny of legislative actions.
49
What did the Factortame case in 1990 allow senior judges to do?
Suspend the actions of both Parliament ## Footnote This case highlighted the judiciary's role in checking legislative power.
50
What conflict did the Constitutional Reform Act 2005 bring senior UK judges into?
Conflict with both the executive and Parliament ## Footnote This occurred across a wider range of policy areas.
51
What compliance must all legislation meet before passing into statute?
HBA and EL compliance ## Footnote This requirement ensures that legislation aligns with human rights and equality laws.
52
True or False: The restoration of the court significantly changed the legal relationship between judiciary and executive.
False ## Footnote The restoration did little to alter this relationship.
53
What obligation does Parliament have in relation to court decisions?
No obligation to comply with court rulings ## Footnote This allows Parliament to operate independently of judicial decisions.
54
Fill in the blank: Ministers can use the executive's control of Parliament to _______.
Paro retrospective legislation ## Footnote This allows them to legitimize earlier actions.
55
What was the consequence of leaving the UK regarding EU law?
The UK would not be subject to EU law ## Footnote This would reduce the scope for judicial action.
56
What unlawful action was Boris Johnson involved in?
Carrying out unlawful actions in September ## Footnote This was highlighted by a judge emphasizing the legality of executive actions.
57
What did the judge emphasize regarding Boris Johnson's actions?
That his actions were unlawful ## Footnote This emphasized the judiciary's role in reviewing executive actions.
58
What can the Supreme Court rule regarding executive actions?
Actions of the executive can be ruled incompatible with the HRA ## Footnote HRA stands for Human Rights Act
59
What may the government do in response to a ruling from the Supreme Court?
Continue to deny rights, pass new legislation overruling the Court's decision ## Footnote An example is the government's denial of prisoners' voting rights after a 2005 ruling.
60
What does it mean for government ministers to act ultra vires?
Acting beyond their legal power or authority
61
Since when has the Supreme Court been fully independent from Parliament?
Since 2009
62
What precedent does the Factortame case set?
It allows the Supreme Court to suspend some statute laws if they do not comply with EU law
63
What can the Supreme Court declare regarding statute laws?
Can declare them incompatible with the HRA
64
What remains sovereign despite the Supreme Court's powers?
Parliament remains sovereign and could repeal or amend the HRA
65
What was the impact of the Miller case on Parliament?
Strengthened the power of Parliament
66
What types of laws must be made to comply with the HRA?
Laws made to comply with the HRA and laws made to comply with EU law ## Footnote Compliance with EU law may change after Brexit.
67
What did the Supreme Court rule in September 2019 regarding Boris Johnson's decision?
The decision to prorogue Parliament was unlawful
68
What effect did the 2019 ruling have on the executive's power?
Limited the power of the executive and emphasized the sovereignty of Parliament
69
What is the Miller case known for?
Determining that Parliament, not the prime minister, had the right to trigger Article 50
70
What does the Human Rights Act allow individuals to do?
Seek justice in a national court
71
What must public bodies do according to the Human Rights Act?
Respect your rights
72
What must new laws be compatible with according to the Human Rights Act?
Convention rights
73
What happens if a bill is declared not compatible with the HRA?
It must include a statement arguing its compatibility with the HRA
74
What can individuals do if a bill is not compatible with the HRA?
Challenge it in court
75
How does the Human Rights Act influence the government when drawing up bills?
Makes the government more careful and cautious
76
True or False: The government can choose to ignore rulings from the Supreme Court.
True
77
What can sometimes happen in cases brought against the government to the UKSC?
You may win cases

Politics Paper 1:Government Of The UK (5 decks)

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