The Supreme Court

Cards (14)

  • ROLE AND COMPOSITION
    The Supreme Court was opened in October 2009. Established by the Constitutional Reform Act 2005 (CRA). The court was designed to end the fusion of powers at the highest level of the judiciary. Previously the 'law lords' had sat as members of the HoL. The reform was to create greater transparency and bring the UK into line with other Western countries the CRA changed the role of lord chancellor (Revoming 2 of the responsibilities) the lords speaker is now chosen by fellow peers and judges have an independent appointment committee
  • ROLE AND COMPOSITION
    1. Act as the final court of appeal in England, Northern Ireland, and Wales
    2. Hear appeals on the issues of public importance surrounding arguable points of law
    3. hear appeals of civil cases from the nations of the UK
    4. Hear appeals from criminal cases
    the UK does not have a unified legal system and there are three different systems. The Supreme Court is the only UK-wide court and acts as the final court of appeals for rulings made by the lower courts (Final criminal cases for England, Northern Ireland, and wales and Civil for UK-wide)
  • ROLE AND COMPOSITION
    Also hears appeals on constitutional matters and when the wider public is involved. Before the UK left the EU it was also in charge of interpreting EU law and acts when the devolved nations acted outwith their powers
    CASE STUDY: in July 2016 the Supreme Court overruled the Scottish government's scheme to introduce the 'named persons' service, which planned to establish state gardians as it was outside of the HRA
  • APPOINTMENT OF THE JUSTICES
    The Supreme Court consists of 12 members, although cases are always heard by an odd number so there can be a majority outcome. In most cases this is 5 or 9; reflecting the importance of issue 11 took part in the high court ruling in 2016-17 that parliament rather than the government should initiate the UK exiting of the EU
  • APPOINTMENT OF THE JUSTICES
    The most senior figure is designated president (held by Neuberger). There is only one female judge (Lady Hale) which has put pressure to reflect on the diversity in their composition. The Times used the phrase 'Pale, Male and, Stale' to head an article about the Supreme Court in 2011 and they can not sit in the lords despite being known as 'lord' or 'lady' until after they have retired from the court
  • APPOINTMENT OF THE JUSTICES
    Supreme Court justices will usually have served as senior judges for 2 years or been qualified lawyers for at least 15. The original members were the former Law Lords and when a vacancy occurs nominations are made by an independent 5-member selection committee. The lord chancellor either confirms or rejects the person put forward although they can not reject names repeatedly. This is then confirmed by the PM and the Monarch.
  • APPOINTMENT OF THE JUSTICES
    • Lady Hale became president in 2017
  • KEY OPERATING PRINCIPLES - NEUTRALITY
    Refers to the principle that judges should not be politically active or motivated and should show no personal bias. Judges should reach decisions on the basis of Law alone and should show no favour or prejudice against any group
  • KEY OPERATING PRINCIPLES - NEUTRALITY - DONE WELL
    • The Judicial Appointments Commission identifies and eliminates any judges who lack neutrality
    • the process of legal training and their lengthy experience is intended to ensure that judges operate according to a set of professional ethics that enable them to keep personal prejudices and biases to one side
    • attempts in recent years have been made to broaden the judiciary in terms of their backgrounds and life experiences
    • legal precedents and then the possibility that cases may go to appeal help restrict the impact of personal views
  • KEY OPERATING PRINCIPLES - NEUTRALITY - BADLY DONE
    • judges are demographically unrepresentative. In 2017 a quarter of judges in the Court of Appeal and a fifth in the High Court were female and the proportion of ethnic minorities was under 1 in 10, there was also a drop in the percentage of non-white b barristers
    • judges seen as establishment, included to uphold the status quo. This is the main thrust of the argument put forward in the book by J.A.G Grittith 'The Politics of the Judiciary'
    • Growing judicial activism can be seen as lacking neutrality.
  • KEY OPERATING PRINCIPLES - INDEPENDENT
    this is the principle that the actions and decisions of judges should not be influenced by pressure from the executive and parliament. It implies strict separation between the judiciary and other branches of government
  • KEY OPERATING PRINCIPLES - INDEPENDENT - YES IT IS
    Lord Chancellor: Bound by oath to preserve the principle of judicial independence
    Security of Tenure: Judges are appointed until retirement and can only be removed by a joint address in both Houses of Parliament if they break the law
    Appointment: Judges are appointed by the JAC using a procedure which is free from political involvement
  • KEY OPERATING PRINCIPLES - INDEPENDENT - YES IT IS
    Decisions: The Remarks and sentences of judges in the court cases should not be subject to criticism in parliament and are immune from any legal action
    Fixed Salary: this is not subject to party political debate in parliament so politicians can not threaten to reduce judges' salaries
    Human rights: Provides a guide to rights cases which is externally determined and can be used in an independent way
    Supreme Court: is a separate body from parliament.
  • KEY OPERATING PRINCIPLES - INDEPENDENT - NO IT IS NOT 

    • government retains some role in the final decision of appointing judges, which could be abused
    • There has been a growing trend of ministers being prepared to criticise judges' rulings