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Principles of the SC
Highest court in the UK
Independence from political pressure
Membership due to legal experience and good judgement as opposed to political bias
Only Plmt able to overturn SC decisions by passing new, or amending existing, legislation
Rwanda Bill: ruled illegal as SC said Rwanda was not a safe country, Plmt passed law to say Rwanda was a safe country
Enforces the ECHR, rule of law and freedom of information act
Asserts Common Law Rights
Cases that the SC hears
Judicial reviews for important bodies, such as the govt
Cases that have implications for other bodies in order to set a precedent
Cases that involve important interepretations of the law
Cases that are in the public interest
Cases are a key issue of human rights
Roles of the Supreme Court
Ensuring the rule of law is applied
Interpreting the law
Conducting judicial review
Hearing cases
Ensuring the law is correctly applied and is being followed equally by everyone
Appellate court
Roles of the Supreme Court - ensuring the rule of law is applied
Oversees the work of lower courts in the UK
All courts have a duty to ensure maintenance of the rule of law, but this is a key role of the SC
Ensuring all citizens are treated equally under the law
Trials and hearings:
Ensuring that all parties gain a fair hearing and
The law is applied in the spirit it’s intended
Roles of the Supreme Court - interpretation of the law
Precise meaning of statute/common law is not always clear
Needed: circumstances under which those in a court conflict about what the law is suppposed to mean
Sets judicial precedent: other judges must follow the same interpretation as the SC
Roles of the Supreme Court - conducting judicial reviews
Process citizens go through when they feel they have been mistreated by a public body
E.g. different treatment of citizens, clear injustice such as acting ultra vires, devolution (power and limits of devolved bodies)
Examines and establishes wrongdoing
Compensation given, or reversal of decision
Roles of the Supreme Court - hearing cases
Up to 11, usually 5, SC judges hear each case
Majority needed to pass
Only the ECHR can reverse the SC’s judgement if human rights are at stake
Roles of the Supreme Court - achievement of democratic objectives
Ensuring the govt doesn’t overstep powers
Asserting the rights of citizens
Examples: Human Rights Act 1998
Boosted the SC
2013- applications for judicial review + impact
More than 15 000 applications made, most refused
Impact:
Govt restricted cases able to apply for legal aid
Raised court costs
Chris Grayling, Justice Secretary - aimed to “drive out meritless applications” used as a “cheap delaying tactic” to govt actions
2014- JR cases heard, success rate
4062 heard
36% successful
2015-19 - decrease in JR applications
JR applications down by 44%