Judiciary

• Ultra vires - actions taken by government bodies or corporations that exceed the scope of power given to them
• Functions of Supreme Court:

  • hears appeals + reviews action
  • establish new rules or precedents
  • clarify the law where there is uncertainty
  • hears cases of public
• Composition of Supreme Court:

  • 12 members
  • candidates must hold either high judicial office (2 yrs) or qualifying practitioner (5 yrs)
  • most senior member -> Lord Reed
  • retire at 75
• Judicial independence - concept that the judiciary should be independent from the other branches of government
• Judicial neutrality - that judges are free from political bias
• Human Rights Act 1998 - ensures that all legislation passed compliant with HRA
• Judicial review:

  • ensure government + devolved powers haven't acted ultra vires
  • can be on issues of constitutional importance
  • has the power to establish common law
• Judicial Independence maintenance:

  • 'security of tenure' enjoyed by judges
  • guaranteed salaries paid from the Consolidated Fund
  • the offence of the contempt of court
  • growing separation of powers
  • independent appointment system
  • training + experience of the senior judges
• 'Security of tenure' - Except in cases of serious misconduct, judges generally hold office until retirement, which guarantees their independence and protects them from external pressures or interference.
• Sub judice rule - A rule limiting comment and disclosure relating to judicial proceedings, in order not to prejudge the issue or influence the jury.
• Judicial neutrality maintenance:

  • relative anonymity of senior judges
  • restriction on political activity
  • legal justification of judgements