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Unit 2
relations between the branches
supreme court
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minhaj tahmeed
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Cards (41)
When was the Supreme Court established?
By the
Constitutional Reform Act 2005
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What is the purpose of the Supreme Court?
To guarantee
judicial independence
and separate the
judiciary
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What was the highest court before 2009?
The
House of Lords
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How many Law Lords were part of the House of Lords?
12
Law Lords
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Why was the pre-2009 system seen as a democratic anomaly?
Law Lords
were part of both
judiciary
and
legislature
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Who was the head of the judiciary before the reforms?
The
Lord Chancellor
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What roles did the Lord Chancellor hold?
Head of judiciary
, Speaker,
Cabinet minister
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What was the impact of the Lord Chancellor's multiple roles?
One figure spanned all three
branches
of government
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How were judges appointed before the reforms?
Mainly by the
Lord Chancellor
with PM’s approval
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What key changes did the Constitutional Reform Act 2005 introduce?
Reduced
Lord Chancellor's
powers and established
Supreme Court
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Who replaced the Lord Chancellor as head of the judiciary?
The
Lord Chief Justice
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How many Justices are in the Supreme Court?
12
Justices
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What is the purpose of the Supreme Court as established by the reforms?
To
codify
and protect
judicial independence
in law
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What type of court is the Supreme Court?
Not a
trial court
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What does the Supreme Court ensure?
The
rule of law
and
fair legal process
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What role does the Supreme Court play in judicial precedents?
Sets precedents that
lower courts
must follow
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What is judicial review?
Citizens can challenge decisions by
public authorities
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What does 'ultra vires' mean in judicial review?
Beyond
legal authority
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What caused the growth in judicial reviews post-1998?
Devolution
and
EU membership
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What reforms were made in 2013 regarding judicial reviews?
Limited applications by restricting
legal aid
and
raising fees
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What significant role does the Supreme Court play in judicial reviews?
Key role in
major
judicial review cases
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What was the outcome of R (Miller) v The Prime Minister (2019)?
PM's prorogation ruled
unlawful
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Why was the prorogation of Parliament ruled unlawful?
It
frustrated Parliament’s ability to function
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What did R (Miller) v Secretary of State for Exiting the EU (2016) challenge?
Government's ability to trigger
Article 50
without
Parliament
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What was the ruling in R (Miller) v Secretary of State for Exiting the EU (2016)?
Parliamentary
approval was required
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What did Steinfield and Keiden v SoS for International Development (2018) rule?
Civil Partnership Act was
discriminatory
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What was the significance of NHS Trust v Y (2018)?
Created a new legal precedent for
treatment withdrawal
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What triggers the appointment of Justices in the Supreme Court?
A
vacancy
in the court
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Who is included in the Selection Commission for Justices?
Supreme Court
President
,
Deputy
, UK judge, non-lawyer reps
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What qualifications must candidates for Justices have?
At least 2
years
as
judge
/
lawyer
or
15
years at senior level
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Who makes the final appointment of Justices?
The
Prime Minister
confirmed by the
monarch
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What is the role of the Lord Chancellor in the appointment process?
Can reject candidates only for lack of
qualifications
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How are cases heard in the Supreme Court?
By panels of
5–11
Justices
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What happens if there is a majority decision in the Supreme Court?
Majority decision
prevails
; includes
legal reasoning
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What do judgments in the Supreme Court establish?
Binding precedents
for lower courts
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What was the outcome of Guestlife Ltd v Smith (2018)?
Gig economy workers classed as
employees
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What was the ruling in Cliff Richard v BBC (2018)?
Media
breached
privacy during investigation
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What did Elan-Cane v Home Secretary (2021) rule?
No
requirement
for
third
gender
option
on
passports
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What was the outcome of Coghlan v Minister for Cabinet Office (2022)?
Government policy
ruled illegal and incompatible with
Human Rights Act
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What was the ruling in AAA v Home Secretary (2023)?
Rwanda deportation plan
ruled
illegal
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