Uk Supreme Court Flashcards
(19 cards)
When did the S.C actually start work after its creation in 2005?
2009
What were the law lords?
Previous senior judges who were also members of the Lords
What were the previous roles of the Lord Chancellor?
- Cabinet minister overseeing legal system
- chairman of sittings in Lords
- Head of Judiciary, appointed other judges
How many judges are there in the S.C?
12
Why do mainly an odd number of judges hear cases?
So that a verdict can be reached
Who is currently the most senior member of the S.C?
Lord Robert Reed
Why is the S.C highly unrepresentative?
- 11/12 are male
- 12/12 are white
- 11/12 have studied at oxbridge
- 12/12 are over 60
What are some of the key functions of the S.C?
Judicial neutrality, judicial independence, judicial review
Which cases have questioned the judicial neutrality of the S.C judges?
Miller v PM (2019) and Miller v SOS (2017) - as they suggested the judges personal beliefs on Brexit
What is security of tenure?
- Judges cant be removed unless break law or impeached
- official retirement age of 70
- immune from legal action against any comments made on cases
What are S.C judges paid and why are they paid so well?
£226,193 - paid well so that there is less incentive to be influenced by financial pressure
What are sub judice rules?
Prevents members of parliament and media from speaking about impending or ongoing legal proceedings
Is the Supreme Court non binding?
Yes
How does the S.C have limited influence over the executive and parliament in relation to the HRA?
- Non-binding
- HRA can be replaced or changed by Parliament
Give an example of the S.C having limited influence over parliament in relation to the HRA?
Illegal Immigration Bill (2023) - introduced by Braverman and was shown to be incompatible with HRA but government proceeded with it anyways
What are the arguments that the S.C HAS significant influence over the executive + Parliament in relation to the HRA?
- Parliament usually acts to address any declarations of incompatibility raised by courts
- Parliament has Joint Committee on Human Rights to scrutinise bills + ensure compatibility
What is an example showing that the S.C has significant influence over parliament?
R (Steinfeild and Keidan) v SOS for ID (2018) - ruled the Civil Partnership Act (2004) incompatible, and legislation was then amended in 2019
What can judicial review powers allow the S.C to do?
Declare gov actions as ultra vires
What is a good example of judicial review concerning Scotland?
2022 - second referendum for Scottish independence case
