the supreme court

• when was the constitutional reform act?

  2005
• what did the constitutional reform act do?

  Established the Supreme Court, they took on the roles previously performed by the law lords
• what are the main roles of the supreme court?

  • act as the final court of appeal in england
  • to hear appeals on issues of public importance surrounding arguable points of law
  • to hear appeals from civil cases
  • to hear appeals from criminal cases
• how many supreme court justices are there?

  12
• how are supreme court justices appointed?

  nominations are made to the JAC. The lord chancellor then either confirms or rejects the person put forward. The appointment is also confirmed by the PM and the Monarch
• what is judicial neutrality?

  it is the principle which means judges should not be politically active or motivated, and should show no personal bias.
• what are the arguments that judicial neutrality is upheld?

  • the JAC identifies and eliminates from promotion any judges who demonstrate a lack of neutrality.
  • the process of legal training and their lengthy experience is intended to ensure that judges operate according to a set of professional ethics
  • attempts in recent years have been made to broaden the judiciary
  • the use of legal precedent helps restrict the influence of personal views.
• what are the arguments that judicial neutrality is not upheld?

  • judges are demographically unrepresentative - 'male, pale, and stale'
  • judges are seen as the 'establishment', inclined to uphold the status quo
  • growing judicial activism can be seen as lacking neutrality
• what is judicial independence ?

  the principle that the actions of the judges should not be influenced by the executive or parliament
• what are the arguments that judicial independence is upheld?

  • lord chancellor - bound by oath to protect it
  • security of tenure - judges are appointed until retirement
  • appointment - appointed through independent body
  • decisions - judges decisions cannot be criticised in parliament
  • fixed salary - can't be bribed
  • human rights act - provides a guide to rights cases
  • supreme court - is a seperate body
• what are the arguments that judicial independence is not upheld?

  • government retains some role in the decision of appointing judges
  • growing trend of ministers prepared to criticising rulings - 2017 and article 50 is an example
• what is judicial review?

  it is a review of the actions of ministers and other government officials to ensure they conform to the law.
• when was the human rights act?

  1998
• how does the human rights act impact judicial rulings?

  it allows the supreme court to make declarations of incompatibility.
• what are the arguments that the supreme court is influential?

  • can stop executive action due to judicial review
  • their position as 'final court of appeal' gives them significant power
  • since the human rights act - become more involved in human rights debate
  • senior judges comments about issues are influential
  • supreme court has made a reputation for standing up for rights
• what are the arguments that the supreme court aren't influential?

  • there are no 'higher' constitutional laws
  • parliament can bypass by passing legislation
  • supreme court cannot make judgments beyond the law
  • judges are unelected
  • parliament is sovereign
  • supreme court cannot overturn statutes