UK Supreme Court Flashcards
(96 cards)
1
Q
What is the Supreme Court?
A
The Supreme Court is the highest court in the UK political system and is independent from the other branches
2
Q
Which act established the Supreme Court?
A
The Constitutional Reform Act 2005 established the Supreme Court but the Supreme Court didn’t come into affect until 2009
3
Q
Where did the Supreme Court used to sit and what were they called?
A
The Supreme Court used to sit within the House of Lords and they were called Law Lords
4
Q
What were the 3 roles of the Lord Chancellor pre CRA 2005?
A
The Lord Chancellor used to reside in all three branches as head of the court, presiding officer in the Lords and with a position in the cabinet
5
Q
What 3 things happened to the role of Lord Chancellor?
A
- Lord Chancellor combined with Justice Secretary role and moved from Lords to Commons
- Lord Chief Justice is now just the head of the judiciary
- Presiding Officer in the Lords became Speaker of the Lords
6
Q
How are Justices appointed to the SCOTUK?
A
Justices are appointed by a special commission of layers which is set up to review candidates and recommend them to Lord Chancellor
7
Q
Can a Justice be removed from SCOTUK?
A
YES - They can be removed by a vote in both Houses of Parliament due to misconduct not due to decisions made
8
Q
How many Chief Justices is there in SCOTUK?
A
There are 12 Chief Justices
9
Q
What is the head of SCOTUK called?
A
They are called the President of Supreme Court
10
Q
Who is the current President of Supreme Court?
A
The current President is Lord Reed
11
Q
What is the retirement age for Chief Justices?
A
The retirement age is 75
12
Q
What are the requirements to be a candidate to be a Chief Justice in Supreme Court?
A
Candidates must have either worked for judicial high court for at least 2 years or must have worked as a barrister/solicitor for 15 years
13
Q
Can the executive interfere with the selection process?
A
YES - The Minister for Justice may ask the Court to reconsider their appointment, or can reject the candidate outright (but this power has never been used)
14
Q
What is the role of the Supreme Court?
A
The role of the SC is to determine whether the law is being applied correctly in cases and followed equally by everyone
15
Q
What are the 2 Judicial Review Powers of the Supreme Court?
A
Ultra Vires
Declarations of Incompatabiltity
16
Q
What does the term ‘Ultra Vires’ mean?
A
Ultra Vires is when ministers or public bodies exceed their powers and have acted without legal authority
17
Q
What happens if the government or public body’s action is ruled as Ultra Vires?
A
The Government’s or public body’s actions are suspended until they act within the law
18
Q
What are Declarations of Incompatibility?
A
Declarations of Incompatibility are reviews made by the Supreme Court when acts of parliament or government decisions are not compatible with the HRA
19
Q
What happens if the Supreme Court rule a Declaration of Incompatibility against a act of parliament or government decision?
A
With Declarations of Incompatibility the SC does not have enforcement power as Parliament is sovereign, however majority of these declaration lead to laws being changed
20
Q
What is Human Rights Act (HRA)?
A
The HRA is an act which codified the ECHR into British statute law
21
Q
When was HRA passed?
A
The act was passed under the Blair administration in 1998
22
Q
What does the HRA do?
A
The HRA allows for citizens to defend their rights from the ECHR in British Courts and gave the judiciary a widened capacity to protect civil liberties. It also ensures all future laws must be compatible with HRA
23
Q
What is the difference between Actions of public authority and Declarations of Incompatibility?
A
Actions of incompatibility are used against public bodies where as Declarations of Incompatibility are for for legislation from Parliament
24
Q
What was AM Zimbabwe Vs Secretary of State for the Home Department 2020 about?
A
AM (Zimbabwean citizen) who was legally settled in the UK was issued with a deportation order after a series of convictions, he appealed and his appeals were rejected by lower courts and the Home Office
25
What was the Supreme Court's decision on AM Zimbabwe Vs Secretary of State for the Home Department 2020?
SCOTUK ruled that the his appeal should be heard as he wouldn't be able to access the required HIV medication if he was deported (The appeal was heard and it was rejected)
26
How many Declarations of Incompatibility have the Supreme Court ruled?
There has been 47 Declarations of Incompatibility made by SC with 10 of them being overturned by appeal
27
Is the Court independent? (Themes)
Fusion Vs Separation
Interaction With Elected Branches
Restraint Vs Activism
28
What is the argument that SCOTUK is an example of fusion of powers?
The role of the judiciary was fused for a long time (not since CRA 2005)
The Court used to sit in HoL as Law Lord and the Lord Chancellor used to sit in all three branches
Justices were previously appointed by the PM
29
What is argument that SCOTUK is an example of separation of powers?
CRA 2005 separated the SC from HoL to make it an independent body and the Lord Chancellor role was removed from other two branches
Independent appointment process
Security of tenure (Promotes non-partisanship)
30
How can SCOTUK's interactions with elected branches be described as lacking independence?
Ministers are more willing to critise Justices post CRA and accuse of of impartiality which could affect decision making (Ministers insulting justices for Brexit ruling, Johnson's criticisms after PM Vs Miller)
31
How can SCOTUK's interactions with elected branches be described as an example of independence?
Sub Judice rule is an example of independence as parliament can not debate matters currently in court to avoid interference
32
How can SCOTUK's actions be an example of activism?
The power given to them through the HRA means that the court can rule on government decision and actions making them more active
The public are now more willing to challenge actions of public bodies through SCOTUK with 15600 cases of judicial review in 2013 up from 4000 in 2000 (BUT this number has dropped avg 2000 since 2020)
33
How can SCOTUK's actions be an example of restraint?
Judges should exercise judicial restraint and defer to the actions of elected branches as they have a mandate
The Court refused to hear a case on assisted suicide law changes in 2014 due to public stance of government at time
34
Is the Court Neutral? (Themes)
Political Views
Social Representation
35
How does the Supreme Court show neutrality through their political views?
Justices are not permitted from being a member of a political part or attend their events
When explaining decisions there reasoning must be based in law
All hearings are live streamed for greater transparency
36
How does the Supreme Court show bias through their political beliefs?
Article 50 ruling shows there bias as they go against the decision of the government (Daily Mail headline 'Enemies of the people'
The President of SC hit out at lack of defense of the judiciary by the government showing a lack of neutrality
37
How does the Supreme Court show neutrality through Social Representation?
The SC has become more representative - 5 female judges since 2009 (currently 2), had first ever female Justice (Lady Hale), Lady Simler is a female Jewish Justice, JAC's creation has increased women recommended from 13% to 29% and BAME from 2% to 6%
38
How does the Supreme Court show bias through Social Representation?
All but 1 Justice studied at Oxbridge (lack of different perspectives)
Although SC is becoming more representative, it still doesn't accurately represent population make up
Prenup case showed this bias as all the male members voted in favour whilst the only female voted against due to discrimination
39
What was the A Vs Secretary of State for the Home Department (2004) 'Belmarsh' Case about?
'Belmarsh' Case was about the indefinite detention of foreigners without trial of foreign suspects of terrorism under the Anti-terrorism, Crime and Security Act (ATCS) 2001
40
What was the Supreme Courts decision to the 'Belmarsh' Case?
The SC ruled 8-1 that the ATCS Act was incompatible with Article 5 (right to liberty) and Article 14 (protection against discrimination) of the HRA as the act was only against foreign nationals and they were being held indefinitely without a charge
41
What was the Governments response to Supreme Court ruling on the 'Belmarsh' case?
The Government repealed part 3 of ATCS act and replaced it with the Prevention of Terrorism Act 2005 which replaced the indefinite detention with a system of control orders (surveillance)
42
What is 'Belmarsh Case' (2004) an example of?
Declaration of incompatibility
Power over government
Parliament Retains Sovereignty
Protected rights
43
What was Treasury Vs Mohammed Jabar Ahmed and others (2010) about?
The case was about 3 brothers who were under investigation for suspected links to terrorist organisations. The Treasury froze their assets due to belief that they were funding Al-Qaeda
44
What was the Supreme Courts ruling on Treasury Vs Mohammed Jabar Ahmed and others (2010) case?
The Government appealed the High Court Ultra Vires decision to the Supreme Court. The SC ruled 6-1 to uphold the High Court decision and that the asset freezing order was Ultra Vires
45
What was Governments response to Ultra Vires decision from Supreme Court?
The Government created legislation to deal with the ruling, passing the Terrorist Freezing Act 2010 which legally gave the government the power to freeze assets of potential terrorists (bill passed in 4 days and was strongly supported)
46
What is Treasury Vs Mohammed Jabar Ahmed and others (2010) an example of?
Ultra Vires
Lack of power over Government
Parliamentary Sovereignty upheld
Not protecting rights
47
What was R Vs Chaytor and others (2010) about?
Three Labour MPs (Chaytor, Devine and Morley) who were apart of expenses scandal argued that the crimes committed were protected by parliamentary privilege as the expenses were necessary to fulfill role as MP
48
What was the Supreme Courts ruling on R Vs Chaytor and others?
The SC unanimously supported the Court of Appeal Decision which stated that the actions of the appellants were not privileged and that the expenses were not essential to core functions of an MP
49
Why was R Vs Chaytor and others (2010) significant?
This case was significant as it clarified how far the protection of privileges extends for MPs and sets precedent for future cases
50
What is R Vs Chaytor and others (2010) an example of?
Parliaments sovereignty is weakened
Ultra Vires
51
What was Evans Vs Attorney General (2015) about?
A Guardian journalist Rob Evans requested Freedom of Information Act on letters Prince Charles (now king) had sent to government ministers, the government refused to to release the papers as the letters were confidential and may damage his ability to rule
52
What was Supreme Court ruling on Evans Vs Attorney General (2015)?
After the Attorney General overruled the Upper Tribunal decision to release the letters, the SC heard the case, ruling 5-2 that the Attorney General did not have the power to veto the disclosure of the letters
53
Why was Evans Vs Attorney General (2015) significant?
It made clear that senior members of the Royal Family are not protected from disclosures under the Freedom of Information Act
54
What is Evans Vs Attorney General (2015) an example of?
Ultra Vires
Power over Government
55
What was Miller Vs Secretary of State for Exiting the European Union (2017) about?
A political activist Gina Miller believed that the EU referendum result was not enough of a mandate to trigger Article 50 without parliamentary consent, as it was through a parliamentary act in which the UK joined the EU
56
What was the Supreme Courts ruling on Miller Vs Secretary of State for Exiting the European Union (2017)?
The High Court ruled that the Government would need parliamentary approval to trigger Article 50, the SC upheld the decision by 8-3
57
What was significant about Miller Vs Secretary of State for Exiting the European Union (2017)?
It had constitutional significance as it set precedent that treaties which had been entered into by statute law must only be amended via the same mechanism
58
What is Miller Vs Secretary of State for Exiting the European Union an example of?
Ultra Vires
Power over the Government
Parliament retains sovereignty
59
What was UNISON Vs Lord Chancellor (2017) about?
UNISON brought the case as the Fees Order that had been introduced in 2013 transferred some of the costs of employment tribunals to the person bringing the claim to the court with the aim to reduce cases which lacked merit, cases fell by 79% in 3 years
60
What was Supreme Courts ruling on UNISON vs Lord Chancellor (2017)?
The SC ruled that the Fees Order was Ultra Vires as the act prevented access to justice which is inherent according to the rule of law
61
What was significant about UNISON Vs Lord Chancellor (2017)?
Dominic Raab (Justice minister at the time) announced that the government would immediately stop taking the the fees and reimburse claimants back dating to 2013
62
What is UNISON Vs Lord Chancellor (2017) an example of?
Ultra Vires
Power over the Government
Protecting Rights
63
What was Steinfield and Keidan Vs Home Secretary (2018) about?
The Civil Partnership Act (2004) made it so that same-sex couples had the right to seek a civil partnership which would give them same legal rights as heterosexual married couples, after same-sex marriage was legalised in 2013, the issue of civil partnerships became prominent and led to Steinfield and Keidan challenging the law
64
What was the Supreme Courts decision to Steinfield and Keidan Vs Home Secretary (2013)?
After the High Court rejected Steinfield and Keidan's appeal, the SC unanimously ruled that the current procedures impeded on Article 8 of the ECHR (now HRA in UK statute law) and denied equal marriage rights for heterosexual couples
65
What was significant about Steinfield and Keidan Vs Home Secretary (2018)?
This case is significant as it led to the government amending the Civil Partnership Act (CPA) and allowing heterosexual couples to enter a civil partnership, it also showed the SC recognizing a deficiency in statute law
66
What is Steinfield and Keidan Vs Home Secretary (2018) an example of?
Declaration of Incompatibility
Power over the Government
Protecting Rights
67
What was Lee Vs Ashers Baking Company LTD and Others (2018) about?
Gareth Lee (a volunteer for a LGBT organisation) asked for Ashers Baking Company to bake a cake which had "Support Gay Marriage" on, this request was rejected due to the owners religious views. Lee took Ashers Baking Company to Court due to discrimination
68
What was the Supreme Courts decision on Lee Vs Ashers Baking Company LTD and Others (2018)?
After the lower court and Court of Appeal found in Lee's favour, the SC picked up the case. They ruled that the baking company did not discriminate on terms of sexual orientation and that the baking company had no obligation to take an action in which they disagreed with due to their own political/religious beliefs
69
What was significant about Lee Vs Ashers Baking Company LTD and Others (2018)?
The case was seen as a win for freedom of speech and religious expression, setting precedent for future cases where opposing parties claim to be acting in their own freedom of expression
70
What can Lee Vs Ashers Baking Company LTD and Others (2018) be used for?
Protecting Rights (Ashers Baking Company LTD and Others)
Not Protecting Rights (Gareth Lee)
71
What was Miller Vs Prime Minister (2019) about?
Parliament was prorogued by the Queen in August 2019 on the advice of the PM Boris Johnson, this advice was seen to stifle parliamentary scrutiny on the issue of Brexit and to put further pressure on Parliament to accept a deal before Article 50 deadline
72
What was the Supreme Courts decision on Miller vs Prime Minister (2019)?
After The High Court decided that the case was out of their jurisdiction, the SC heard the appeal and ruled unanimously that the prorogation was unlawful as the actions had stifled parliamentary debate which is fundamentally to our democracy
73
What was the significance of Miller Vs Prime Minister (2019)?
It showed the willingness of the SC to adjudicate on royal prerogative powers which sets legal precedent for the use of the royal prerogative in the future
74
What can Miller Vs Prime Minister (2019) be used for?
Ultra Vires
Power over Government
Parliament Retains Sovereignty
75
What was Secretary of State for Business and Trade Vs Mercer (2024) about?
In the UK it is unlawful to dismiss a worker for going on strike as part of ECHR and HRA but there are several loopholes. In this case a worker (Mercer) was suspended from a charity for her planned strike action
76
What was the Supreme Courts ruling on Secretary of State for Business and Trade Vs Mercer (2024)?
The SC ruled that Mercer's suspension was unlawful as Mercer's actions were not seen to be unreasonable conduct
77
What was the significance of Secretary of State for Business and Trade Vs mercer (2024)?
It shows the importance of the SC in protecting workers rights and also pressures the government to to legislate and close the loopholes
78
What can Secretary of State for Business and Trade (2024) be used for?
Protecting Rights
79
What was RR Vs Secretary of State for Work and Pensions "Bedroom Tax Case" (2019) about?
The legality of the government applying bedroom tax to the partners of severely disabled which need the second bedroom for the equipment
80
What was Supreme Courts ruling on Secretary of State for Work and Pensions?
The SC unanimously ruled that applying the bedroom tax was a breach to their human rights
81
What was Indy Ref 2 (2022) about?
After the UK government refused to grant formal consent for a second referendum, Nicola Sturgeon (SNP leader at the time) took the case to SC arguing that the referendum would be simply "advisory"
82
What was the Supreme Courts decision to Indy Ref 2 (2022)?
The SC unanimously ruled that the Scottish parliament did not have power over areas of the constitution and rejected the fact that the referendum would be purely advisory
83
What can Indy Ref 2 (2022) be used as an example for?
Parliamentary Sovereignty
84
What was Rwanda Case (2023) about?
This case was about the governments Rwanda policy which send asylum seekers to Rwanda to have their cases decided there but there was substantial ground that the asylum seekers would face ill-treatment and risk refoulment (being returned) to origin country
85
What was the Supreme Courts decision on the Rwanda Case (2023)?
The SC unanimously ruled that the Rwanda scheme was against the HRA as refoulment is prohibited under it and ruled that Rwanda was an unsafe country
86
What can Rwanda Case (2023) be used an example of?
Declarations of Incompatibility
Lack of Power Over Government
87
Where can Humans Rights cases be taken other than SCOTUK?
Cases can be taken to European Court of Human Rights (ECtHR), even after Brexit as we did not leave the international treaties which abide us by ECtHR. But the UK are not bound to the ECtHR decisions
88
What was Hirst Vs UK (2004) about?
This case was about a prisoners right to vote and if withholding it was a breach of the ECHR
89
What was the ECtHR's ruling on Hirst Vs UK (2004)?
The ECtHR ruled that the prisoners should be given the right to vote and that the UK was in breach of ECHR but the UK legislative and executive ignored the decision
90
Does the Supreme Court have too much power? (Essay Themes)
Judicial Review
Human Rights Act
Number of Cases
Activism
91
How can Judicial Review be used to show that the Supreme Court has too much power?
Ultra Vires stops actions of government minister as seen by UNISON Vs Lord Chancellor (2017) and Miller Vs PM (2019)
92
How can Judicial Review be used to show that the Supreme Court has the right amount of power?
Cases must be brought to SC they cannot choose them
Court rulings must be based in law
Parliament can amend law to get around Court rulings as seen by Jabar Ahmed Vs Treasury (2010) and Rwanda Case (2024)
93
How can the Human Rights Act be used to show that the Supreme Court has too much power?
SCOTUK can declare Acts as incompatible with HRA and although cannot enforce change to law they encourage the law to be changed (34/36 DoI's acted on) as seen by Belmarsh Case (2004) and Steinfield & Keidan Vs Home Secretary (2018)
94
How can Human Rights Act be used to show that the Supreme Court has the right amount of power?
Declarations of Incompatibility do not enforce change to law, can only suggest a change to law
Parliament gave the SC the power to declare acts as incompatible with the HRA so the use of this power is not excess
95
How can Activism be used to show that the Supreme Court has too much power?
The Court has increased activity in the political space with Miller Vs Secretary of State for Exiting the European Union (2017) and Miller Vs PM (2019), too much power as they are unelected and dictating elected officials with a mandate
Left critics point to lack of diversity and Right points to liberal bias due to education
96
How can Activism be used to show that the Supreme Court has the right amount of power?
SCOTUK is not becoming more activist but is just providing its role as a check and balance of the executive and legislative
Parliament gave the SC these powers through CRA and HRA
