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 demographicallyunrepresentative - '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