supreme court

Cards (14)

  • What was the Supreme Court formerly?
    the House of Lords
  • Originally, what did the (HoL) have the right to do?
    Overrule past decisions.
  • Why was it decided that the (HoL) shouldn't have the right to overrule past decisions?
    Certainty in the law was deemed as more important than the possibility of individual hardship being caused through having to follow a past decision.
  • From 1898-1966, what did the (HoL) regard itself as being bound by?
    Its own past decisions unless the decision had been made in error (which referred to situations where a decision had been made without considering the effect of a relevant statute).
  • Why was it criticised that from 1898-1966, the (HoL) regarded itself as being bound by its own past decisions?
    The law couldn't change to meet changing social conditions and opinions, nor could any possible "wrong" decisions be changed by courts.
  • How did Parliament change the law after the fact that the (HoL) regarded itself as being bound by its own past decisions was criticised?
    The Criminal Justice Act 1967 was passed.
  • What did the Practice Statement allow the (HoL) to do from 1966?
    To change the law if they believed that an earlier case was wrongly decided.
  • When was the first use of the Practice Statement in a criminal cae?
    In the case of R V Shivpuri (1986) which overruled the decision in Anderton V Ryan (1985).
  • Why was the Practice Statement only used for the first time in a criminal case in 1986?
    The Practice Statement stressed that criminal law needs to be certain.
  • When did the Supreme Court replace the House of Lords?
    2009
  • Which Act transferred the House of Lords' powers to the Supreme Court?
    Constitutional Reform Act 2005
  • In which case did the HoL decide that they are bound by their own previous decisions?
    London Street Tramways V London County Council (1898).
  • In what case did the HoL decide they will depart from their own previous decisions when it is "right to do so"?
    The Practice Statement in 1966.
  • In what case was the first use of the Practice Statement?
    Conway V Rimmer (1968)