The Judiciary

• What are the 2 functions of the Supreme Court

  Act as the highest court of appeal- human right and discrimination

  2.clarifies if is something is unlawful
• In the past justices were appointed by the discretion on the monarch with guidance from the lord chancellor.
• Now the body responsible for appointing senior members of the judiciary are the judicial appointment committee (JAC)
• what did the constitutional reform act 2005 do?

  established the Supreme court as a separate entity (2009), and revised the role of the lord chancellor.
• What are the requirements to become a Supreme Court justice

  Must have held high judicial office for at least 2 years or been a qualifying practitioner for 15years

  2. have expert knowledge of the law

  3. under the age of 75
• Supreme Court judges typically consist of “male pale and stale” most judged are old and white with an education from oxbridge educational background
• Who was the first woman to be the uk Supreme Court justice

  Baroness Hale
• What is the rule of law


  Nobody can be pushed without a fair trial

  No one is above the law

  Principles of freedom/ rights are often a result of common law
• Judicial independence

  Security of tenure- mandatory retirement after 75 years, cannot be threatened with sacking

  Guaranteed salaries- £250,000 a year not influenced by politicians. Comes from consolidated funds

  Contempt of Court- cases private so they’re not leaked by the media and outside pressure on justice

  Independent appointment process- JAC is involved in appointing members of all courts expect SC

  Training and experience.

  Clear separation
• judicial neutrality 


  Anonymity- judges operate away from the public eye and rarely speak out on public issues.

  Political activity- judges not supposed to campaign on behalf of a political party or pressure group. Political views should NOT become a matter of public matter.

  Legal justifications of matter- Senior judges are expected to explain how their decisions are Rooted in the law. Decisions published in full on the courts website
• Give an ultra vires case


  Reilly vs Secretary of State 2016. The department for work and pension do not have the legal authority to make Reilly do unpaid work to get benefits.

  gov later passed the Job seekers act 2013
• If the Supreme Court finds an incompatibility with the Uk law and the HRA/ECHR, then the Supreme Court can issue a declaration of incompatibility that parliament has a choice to either amend it or do nothing
• Supreme Court in cases of Human rights cannot suspend legislation like with EU cases. Can only issue a declaration of independence.