Topic 5 - Judiciary Flashcards
(13 cards)
What functions does the Supreme Court perform?
• Final court or appeal for civil and some criminal cases
• Interprets laws and ensures consistency with the constitution
• Resolves disputes over devolution and public law
The Supreme Court plays a crucial role in maintaining the rule of law and constitutional integrity.
How are Supreme Court justices appointed?
Appointed by the King on advice of the PM, following recommendations from an independent selection commission
The selection commission includes senior judges and lay members to ensure a fair and unbiased appointment process.
How diverse are the members of the Supreme Court?
As of 2024, 2 women out of 12 justices; all justices are white; most have elite educational backgrounds
The lack of diversity raises concerns about representation and inclusivity within the judiciary.
What are the 3 strands of the rule of law?
- Everyone is subject to the law
- Law must be clear, fair, and applied equally
- Independent judiciary upholding the law
These strands are fundamental to maintaining justice and accountability in society.
What is the difference between judicial independence and judicial neutrality?
• Judicial independence: Judges are free from external influence
• Judicial neutrality: Judges show no political bias in rulings
Both concepts are essential for ensuring a fair and impartial judiciary.
What are the 6 main pillars of judicial independence?
- Security of tenure
- Independent appointments
- Fixed salaries
- Contempt of court rules
- Separate legal training
- No political involvement
These pillars support the autonomy of the judiciary and protect it from external pressures.
Has the UK judiciary become more politicised in recent years?
Yes, due to high-profile cases, media attacks on judges, and involvement in constitutional issues
This politicisation raises concerns about the independence of the judiciary and its role in governance.
What are the 4 main ways that the goal of judicial neutrality is achieved?
- Political restrictions
- Legal training and experience
- Justification of rulings with written judgments
- Independent complaints procedures
These mechanisms help maintain impartiality and public confidence in the judiciary.
Why is judicial review important?
It ensures government actions are lawful, holds public bodies accountable, and protects rights and the constitution
Judicial review is a critical check on government power and a safeguard for individual rights.
How has judicial review changed in the UK?
Use has grown significantly to ~4,000 cases per year; more rights-based and political cases; reforms in 2022 limited some uses
The increase in judicial review applications reflects a growing public interest in legal accountability.
What role has the Human Rights Act had with the Supreme Court?
Enables courts to interpret legislation in line with ECHR rights; courts can issue declarations of incompatibility
This role has strengthened the protection of individual rights within the UK legal framework.
Has the UK judiciary had a greater impact on the work of the executive and Parliament in recent years?
Yes, through increased use of judicial review, rulings against government, and expanded rights under HRA
This impact illustrates the judiciary’s role as a check on executive power.
Is the Supreme Court too powerful?
Arguments yes:
• Unelected judges overruling elected government
• Can frustrate policy through rights-based rulings
Arguments no:
• Cannot strike down Acts of Parliament
• Power remains limited to interpretation and review
• Ensures checks and balances in constitution
This debate highlights the ongoing tension between judicial authority and democratic governance.
