UK Supreme Court and Judiciary Flashcards
(7 cards)
Sources of UK Constitution
Magna Carta-the right to a free trial for all ‘free men’
Bill of Rights- included the principle of no taxation without parliament ‘s agreement
Act of Settlement- this measure was largely a follow-up to the Bill of Rights
Parliament Acts 1911 and 1949- These Acts severely reduced the power of the House of Lords and restricted their power to delay a bill for 2 years
European Communities Act 1972 - This allowed the UK to join to the European Economic Community, the forerunner
Sources of UK Constitution
Statute Law- Any law that has been passed by both houses of parliament and has received the royal assent
Common Law- The body of legal precedent resulting from the rulings of senior judges. Sometimes referred to as case law or judge- made law
Royal Prerogative- The residual or remaining powers exercised in the name of the crown
Conventions- Unwritten rules and procedures mostly concerned with parliament that facilitate the smooth running of the Constitution
Judicial Review
The process in which judges review the actions of public officials or public bodies in order to determine whether or not they have acted in a manner that is lawful
Key Function of the UK Supreme Court
Act as the final court of appeal in England, Wales, Northern Ireland. Hear appeals from civil cases in Scotland. Hear appeals in cases where there is uncertainty and there is uncertainty and thereby clarify the meaning of the law
What is rule of law
The idea that no one can be punished without trial and nobody is above the law and all are subject to the same justice- Boris Johnson Partygate
Judicial Independence
The principle that those in the judiciary should be free from political control. Such independence allows judges to do the right thing and apply justice properly without fear of the consequences
Judicial impartiality
Where judges operate without personal bias in their administration of justice. It is an essential requirement of the rule of law
