SC key operating principles

• What is the first key operating principle of the Supreme Court (UK)?

  Judicial Independence
• Why is judicial independence important?

  • Vital for democracy
  • Prevents abuse of power by government
• How is judicial independence maintained?

  • Security of Tenure: Judges removed for misconduct
  • Sub Judice Rule: Protects ongoing cases from interference
  • Independent Appointments: Focus on legal expertise
  • Independent Pay: Salaries set by Senior Salaries Review Body
• What is the Security of Tenure in the context of judicial independence?

  Judges can only be removed for misconduct
• What does the Sub Judice Rule protect?

  Ongoing court cases from external interference
• How are judicial appointments made in the UK?

  They are independent from government control
• Who sets the salaries of judges in the UK?

  Senior Salaries Review Body
• What is the definition of Judicial Neutrality?

  Judges must remain impartial and unbiased
• Why is judicial neutrality important?

  • Ensures rule of law
  • Maintains public confidence in the legal system
• How is judicial neutrality maintained?

  • Judges recuse from conflicts of interest
  • Restrictions on political affiliations
  • Extensive legal training promotes neutrality
• What challenges does judicial neutrality face?

  Unconscious bias and lack of diversity
• What is parliamentary sovereignty?

  Parliament has ultimate legislative authority
• What is the relationship between the Supreme Court and Parliament?

  Judges must enforce laws made by Parliament
• How can the Supreme Court influence legislation?

  By interpreting laws and declaring incompatibilities
• What are the arguments for judges being independent and neutral?

  • Cannot be easily removed
  • Salaries are protected
  • Limited political interference
• What are the arguments against judges being independent and neutral?

  • Lack of diversity may affect neutrality
  • Some argue there is a liberal bias
  • Certain judges have political connections
• How has sentencing become politically sensitive since the 1990s?

  Politicians increasingly influence sentencing policy
• What historical shift occurred in the relationship between the judiciary and the executive?

  • Pre-1970s: Judiciary aligned with state power
  • Post-1960s: Judiciary seen as a check on executive authority
• What are key developments in the relationship between the judiciary and the executive?

  • Judicial Review
  • Human Rights Act 1998
  • Constitutional Reform Act 2005
• What challenges does the judiciary face regarding executive power?

  Executive power remains strong due to majority
• What are the strengths of the Supreme Court's influence on the executive and Parliament?

  • Independent and impartial authority
  • Can declare laws incompatible with ECHR
  • Influences law interpretation and implementation
  • Fewer external constraints post-EU exit
• What are the limitations of the Supreme Court's influence?

  • Cannot initiate cases; must wait for appeals
  • Parliamentary sovereignty allows overturning judgments
  • Relies on government to enforce rulings
  • Legislative changes can limit power, especially on rights