Court operates in complete neutrality

    Cards (6)

    • Theme 1: For judicial neutrality of the Supreme Court

      • Number of different rules that Supreme Court justices have to follow to ensure they remain neutral when exercising the law included in 2005 constitutional reform act
      • Judges act like civil servant - must be neutral and can't campaign
      • Judges must base each decision in law and provide full explanations
      • Robert reed is president of the Supreme Court - must be qualified lawyer for at least 15 years
    • Theme 1: Against judicial neutrality of the Supreme Court

      • Very narrow composition in terms of gender, age, education, class and race
      • Current 12 justices - 10 males , 11 are white , 11 have studied at oxbridge
      • The Times - Pale, male and stale
      • One female member was significant in Radmacher V Granatino
      • Males justices upheld the principle that cliaims made in the vent of a divorce should be limited
      • Counter - Still neutral as base every decision in law and simply implement the law
    • Theme 2: For judicial independence of Supreme Court
      • There were a lot of concerns about how independent the Supreme Court was, largely due to the fact that the law lords were within legislation
      • The house of lords is now chaired by the lord speaker and Supreme Court justices are now appointed by an independent
      • Ensures the Supreme Court operates with sufficient judicial independence
      • security of judicial independence through - judges can't be removed from office - they are limited to retirement age
      • independent budget to pay salaries which can't be manipulated - £225,000
    • Theme 2: Against judicial independence of Supreme Court
      • weakened due to increased media scrutiny of the judiciary
      • Article 50 case and prorogation case
      • no longer anonymous as they used to be as various parts of media and politicians, including ministers have commented on and criticised the courts
      • Supreme Court ruling on Rwanda was illegal under international law
      • Sunak critised the ruling in the media - " My patience is worn thin"
      • Puts undue pressure on the court, flouting sub juice rules and making it more difficult to act neutral
    • Theme 3 Against: Brexit

      • Important court cases like article 50
      • the daily mail - enemies of the people - defying democracy and the wishes of 17 million brexit voters
      • Arch retainers
      • influenced by anti - brexit views that were common among those with high levels of education
      • the cases are examples of Supreme Court seeking to interfere too much in politics and limit the actions of a democratically elected government
    • Theme 3 For: Brexit

      • Rather than Supreme Court seeking to interfere in political and stop the wishes of a democratically elected government, they were simply upholding the law against a government that was seeking to act ultra vires
      • Article 50 - there were right to require parliaments consent as triggering article 50
      • prorogation case - avoiding parliamentary scrutiny through using the power to prorogue for the government's benefit, upholding the sovereignty of parliament