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Politics > UK Supreme Court > Flashcards

UK Supreme Court Flashcards

1
Q

Role

A
  1. Final court of appeal
  2. Public hearings
  3. Appeals on civil or criminal cases
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2
Q

Formation

A
  • Constitutional Reform Act 2001
  • Lord Chancellor no longer head of the branch
  • Separated from the legislature
  • JAC created to Vet the nominees
  • Necessary after the HRA 1998
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3
Q

Appointments

A
  • 12 Members
  • Most senior is the president
  • nominations are made by the JAC, approved by the LC, PM and the Monarch
  • They all retire at 70 (before 1995) or 75 otherwise
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4
Q

Rule of Law

A
  • Upholds a limited government
  • Prevents the government from becoming arbitrary
  • Trials should be fair
  • No one is above the Law
  • The judiciary is independent
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5
Q

Neutrality

A
  • Should not be politically motivated
  • Decisions should be made based on law only,with no favour or prejudice
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6
Q

How does the SC uphold neutrality?

A
  • JAC vets the judges
  • Professional ethics
  • Lengthy experience and training
  • Broadening backgrounds
  • Legal precedent upheld
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7
Q

Independence

A

Should not face pressure from executive or legislature

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8
Q

How does the SC uphold independence?

A
  • Lord Chancellor bound by oath
  • Tenure
  • Separate body
  • JAC free from political involvement
  • Immune from criticism or legal action from parliament
  • Fixed salary
  • Guidance from the HRA 1998
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9
Q

How does the SC fail to uphold independence?

A
  • Government has final decision
  • ministers have become more likely to criticise sc rulings
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10
Q

How is the SC influential?

A
  • Judicial review creates pressure
  • Final court of appeal
  • HRA can better protect citizens
  • Senior judges influential
  • Reputation for protecting HR
  • Freedom of information cases are upheld
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11
Q

How is the SC not influential?

A
  • Cannot be pro-active
  • No constitution - can’t strike down statute law
  • Cannot make judgements beyond law
  • Unelected
  • Parliament is sovereign
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12
Q

HRA influence

A
  • Made it possible for the SC to issue a ‘declaration of incompatibility’
  • Parliament can ignore this but it adds pressure
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13
Q

Judicial Review

A
  • Cannot rule parliaments actions unlawful
  • During judicial review ministers decisions declared unlawful when they are ‘ultra vires’
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14
Q

What did Lord Diplock say about Judicial Review in 1985?

A

Only made on something that defies “logic or acceptance of moral standards”

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15
Q

HM Treasury v Ahmed and others (2010)

A

SC ruled freezing bank accounts of suspended terrorists was ultra vires.

So govt passed the Terrorist Asset Freezing Act 2010

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16
Q

Ghaidan v Godin-Mendoza (2004)

A

Reviewed the “Rent Act (1977)”
“his or her wife or husband was interpreted as if they were his wife or husband

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17
Q

When was the Act of Settlement and what did it do?

A

1701 - the LC can only increase salaries of the SC
Salaries frozen 2010-15

18
Q

What did the Daily Mail brand judges in 2016?

A

“Enemies of the People”

19
Q

What does the constitutional reform act say justices should be selected on?

A

“Solely on merit”

20
Q

How did Cameron and May break judicial independence in 2011, what was the outcome?

A

They both criticised the decision in R(F) v Secretary of State for the Home Department.

May said she was “disappointed and appalled”

Lord Chancellor Keneth Clark had to write to both of them

21
Q

What does ‘sub judice’ mean?

A

Under judgement

22
Q

What does the Contempt of Court Act (1981) do?

A

Limits what the media can publish whilst cases are ongoing as not to jeopardise the hearings.

23
Q

What happened when the Daily Mail and Daily Mirror broke the Contempt of Court Act in 2012?

A

They were fined £10 000 plus £25 000 in costs after publishing background details of Levi Bellfield

24
Q

How has transparency been upheld in the SC?

A
  • YouTube channel created in 2013
  • Hearings are live-streamed
  • Summaries of cases published
25
Q

What act stops SC justices from serving in the commons?

A

House of Commons Disqualification Act (1975)

26
Q

Quote relating to neutrality

A

Judges cannot be a “judge in their own cause”

27
Q

What was the Pinochet Case and what year was it?

A

1999
Ruling overturned as as Lord Hoffman was Chairman of Amnesty International

28
Q

What are the ‘Kilmuir Rules’ and when were they ended?

A

1955 - would not appear in the Media
Ended by Lord Chancellor Mackay in 1987

29
Q

What did the Daily Mail report following R Miller v Secretary of State for exiting the EU (2016)?

A

Reported 5 justices were EU sympathisers, 6 had relationships with EU critics

30
Q

What did numerous judges criticise in 2015?

A

New criminal courts charge which required £150 - £1200 payment.

Over 100 magistrates also resigned

31
Q

What did Lord Hope say about neutrality?

A

“Judges are human beings not robots”

32
Q

Which case showed the impact of male bias in the SC?

A

Radmarcher v Granatino (2010)
8v1 for prenups having decisive weight in divorce hearings
Lady Hale only one to vote against this

33
Q

How has judicial review grown?

A

1982 - 685
2005 - 5000
2013 - 15,700

34
Q

Which book gives the civil service advise?

A

“The Judge over your shoulder”

35
Q

What did Lord Denning say about article 8?

A

“So wide as to be incapable of practical application”

36
Q

What does JAC Griffin say about judicial neutrality?

A

they favour their own ‘establishment’

37
Q

Freedom of information case that has been upheld

A

Charles is a black spider memos - 27 letters released after 10 years of court battles

38
Q

How has the number of declarations of incompatibility changed?

A

2000 -10 = 29
2010-15 = 3

39
Q

R v Horncastle (2009)

A

Focus on hearsay – the use of cross reference statements from absent witnesses
ECtHR Road this could not be used conflicting with precedent in UK courts
ECtHR altered its decision.

40
Q

Nicklinson V Ministry of Justice (2014)

A
  • Tony Nickinson had locked in syndrome
  • reviewed the suicide act 1961
  • 7-2 against nicklinson
41
Q

Al Rawi v Security Service (2011)

A
  • Human Rights v National Security
  • SC decided it ‘simply wasn’t possible’ as giving evidence in secret would undermine a fair trial
42
Q

HS2 Alliance Ltd v Sec of State for Transport (2014)

A
  • Campaigners wanted to review govt hs2 plans
  • Dismissed until parliament reached its final decision

Politics (6 decks)

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