4.1 Supreme Court and Interactions with Government (UK Government)

What is the role and composition of the Supreme Court?

• Created in 2009, replacing the Law Lords

• Usually 12 Justices

• Appointed through independent commissions + separate from Parliament to strengthen judicial independence

Roles:

• Final court of appeal

• Interprets statutes

• Reviews executive actions

• Determines devolution disputes

• Protects rule of law

What are the arguments for and against the existence of neutrality within the Supreme Court?

For:

• Judges appointed independently

• Security of tenure

• Cannot be removed easily

• Avoid party membership

Against:

• Personal ideology may affect judgement

• Judges come from similar social and educational backgrounds

• Court decisions influence political issues

What are the arguments for and against the existence of strong judicial independence in the Supreme Court?

For:

• Constitutional Reform Act 2005 separated judiciary from legislature

• Salaries protected

• Secure appointments

Against:

• Parliament can overturn court decisions

• Govt appoints judges indirectly

• Media pressure can affect perception

What is Judicial Review and Ultra Vires?

Judicial Review examines:

• Whether procedures were followed

• Whether powers were exceeded

• Whether actions were irrational

Examples of Ultra Vires:

• Miller Case II

• Supreme Court ruled suspension of Parliament unlawful

• Govt had acted beyond lawful authority

What are arguments for and against the extent of Supreme Court influence being significant?

For:

• Can invalidate govt actions

• Shapes constitutional interpretation

• Influences policy indirectly

Against:

• Cannot strike down acts of Parliament

• Parliamentary sovereignty remains intact

• Parliament can legislate around rulings