Supreme Court

main functions SC

• final court of appeals on criminal and civil cases (except scot)

• final court of scottish civil cases

• clarify constitutional law

• 12 justices

Qualifications of s.c judges

• hold high judicial office for 2 years or qualified practicioner for 15 years

Appointment process

• vacancy occurs

• 5 meber select committee

• commission nominates candidate

• lord chancellor accepts or rejects

• PM recommends nominee to monarch

• monarch confirms

Ad hoc 5 member commission

• president of supreme court

• deputy president of s.c

• one member of JAC - NI

• one member of judicial board scot

• one member of JAC - ENG + WALES

JAC

Judicical appointments committee

Judicial independence is maintained by

• legal training and experience

• independent appointments

• physical seperation of powers

• security of tenure

• guaranteed salaries

• crime of contempt- sub judice rules- cant speak about ongoing cases - PM, MP ministers and media

challenges to judicial independence

• political controversies from HRA

• power to suspend UK law was incompatible w EU law

• judicial review

• greater media scrutiny- high profile cases - less anonymous

• public criticisms

Judicial impartiality

• judges are out of public eye

• restrictions on political activity

• decisions based on law

• legal reviews, training and expertise

• have to explain all decisions and are available to public

challenges to judicial impartiality

• limited range background (private schools)- gender class age and race - pale male and stale 2011- only had one female significant during radmacher v granatino 2010- highlighted issues for women everyone else voted against

• media scrutiny- brexit after miller 1 - daily mail called them ‘enemies of the people’

• willingness to criticise gov

• lack of legal precedent in brexit- miller cases- media criticised- many described court as ‘arch-remainers- were not neutral

• prejudices

Judicial review

• declare ministerial actions to be ultra vire - act above powers

• declare primary laws incompatible w HRA

how why created

• const reform act

• 2009

• middlessex guildhall

• end fusion powers- got rid of law lords and chnaged lord chancellor roll- before oversaw lords, made judicial reviews, and cabinet minster- now just gov minster

• appointed independent commission

supreme court too political

• unelected ansd too powerful

• voting on politival issues in line with hra makes it political

• high profile cases - brexit and scottish independence

• miller cases was overreaching

• media perception

Miller 1

• 2017

• 8-3 majority

• may had to address brexit decisions to parl

• which caused debate and eventual no confidence

Miller 2

• 2019

• prorogue parl was unlawful

• reject prorogue- unanimously- undermine foundational principle of const

2022 second referendum scot case

• scotland tried to use scot act to give self referndum after parl say no

• sc ruled scot act doesnt give power

• remained a reserve power of parl

• can clarify areas of confusion due to uncodified const and between devolved bodies

argument it has influence over parl and exec

• parl usually follows decisions

• pervasive influence of hra as parl has committee to ensure bills folllow

• A v secretary state home department- anti terroism act 2001 some areas declared incompatible- gov changed to prevention of terroism act 2005

• R v secretary state for international developemtn- civil partnership act incompatible- ammended in civil partnrship, marriage and death acts 2019

court not political

• more transparent appointment process

• neutrality and independence protected - tenure, pay sub judice, physical seperation

• since leaving eu court cant strike down parl laws

• gov acting ultra vires not court overreaching

2014 HS2 action alliance vs secretay state transport

• enviornmental campaigner said HS2 went again eu enviornmental directives

• court dismissed until parl debate done

• showed not ultra vires and not overreaching

• shouldnt interfere w parl work

argument it has limited influence over parl and exec

• no legal power to compel parl- illegal immigration bill wnet ahead despite breaching HRA

• HRA easily repealed by act of parl not secure

Explain and analyse three ways in which the UK judiciary can exercise influence over government

* Judicial review- miller case-rwanda- however some say judges overstep interfearing with politics

* Statutory interpretation- r v secretary state health 2003- judges interpreted human fertilisation act 1990 to include advances

* Protection human rights- R V state for home department 2001- protected rights for prisoners

Explain and analyse three criticisms of the Supreme Court.

* Judicial overreach- miller cases- tool for judges to infliuence policies and politicise- however many agree only rule of law

* Lack of diversity- as of 2024 few women and ethnic judges- don’t reflect society

* Lack of democratic accountability- appointed not elected- far from public input the appointment process- undermines democracy

Explain and analyse three ways in which judicial review is significant.

* Upholds rule of law- miller- prevents ultra vires and arbitrary use of power- however can be seen as undemocratic criticising

* Protecting individual rights - HRA act- votes for prisoners rwanda- some criticise not succesfull

* Ensuring gov accountability- allows scrutiny- r v lord chancellor 2017- intro of employment tribunal fees

unlawful as restricted access to justice - however lead to policy paralysis

Explain and analyse three arguments in favour of replacing the Human Rights Act with a British Bill of Rights.

* Enhances parl sovereignty- strengthen democracy- prisoners voting showed parl resposibility

• entrenched- protected rights- establishes importance- less liekly to be repealed

* Reduce influence of euro court human rights- reassert judicial independence- uk stronger nation- delayed immigration policy- critics say it would harm uk globAL rep- * Tailoring uk specific needs- focus on uk issies such as national securoty and free speech

Explain and analyse three key principles of the British Judiciary

* Judicial independence- established in CRA 2005- judges rule against gov - miller, rwanda - counter can ignore

* Judicial neutrality- bound by professional code conduct- must recuse if conflict interest- counter lack diversity

seperation powers- no law lords- np fusion powers- scrutiny- physically seperate - diferent appointment process

Explain and analyse three ways in which judicial independence is maintained

* Security tenure- miller case - no fear

* Separation powers- CRA 2005- lord chancellor removed judicial functions to enhance independence- no law lords no fusion different appointment

* Financial independence- judges salary from consolidated fund- prevent gov using financial incentives or threats