Court operates in complete neutrality

• 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