UK - Judiciary

Has the UK Judiciary become more politicised in recent years?

Yes, due to the Human Rights Act 1998 requiring judges to rule on statutory law's merit.

What is the significance of the Human Rights Act 1998?

It drew senior judges into political matters by requiring them to assess the merit of laws.

What does 'Ultra Vires' mean?

It means 'beyond the authority' or 'beyond one’s powers' in Latin.

What is Judicial Review?

A process where a judge reviews the lawfulness of a decision or action made by a public body.

What was the outcome of the Factortame (No 2) case in 1991?

The House of Lords noted primary legislation could not be set aside, but EU law must prevail in case of conflict.

How has the judicial review process changed over the past decade?

Amendments, including changes to the funding disclosure of cases and cost liability for claimants.

What does the term 'declaration of incompatibility' refer to?

A finding by the courts that a law is incompatible with the European Convention on Human Rights (ECHR), though Parliament doesn't have to act on it.

What effect did the Criminal Justice and Courts Act 2015 have on Judicial Review?

It introduced changes regarding the disclosure of funding information and capped cost liability for claimants.

What role does the Supreme Court play regarding government actions?

It influences government by reviewing the legality of actions and ensuring compliance with EU law and human rights.

What impact has the Human Rights Act had on the Supreme Court's power?

It has allowed the Supreme Court to challenge Acts of Parliament directly, enhancing its influence.

What is judicial independence and neutrality/

Judicial independence and neutrality refer to the principle that judges must be free from political pressures and bias, ensuring fair and impartial administration of justice in the legal system.

What did the Constitutional Reform Act 2005 do?

The Constitutional Reform Act 2005 restructured the UK's judiciary by establishing the Supreme Court, separating the judicial role from the House of Lords, and enhancing the independence of judges.

How are Supreme Court judges chosen?

Supreme Court judges are appointed by the Prime Minister on the advice of the Judicial Appointments Commission, ensuring a transparent selection process based on merit.

How might someone qualify to be a Supreme Court judge

To qualify as a Supreme Court judge, an individual generally must have been a qualified lawyer for at least 15 years or hold significant judicial experience, demonstrating a strong understanding of law and judicial principles.

How does security of tenure ensure Judicial independence?

Security of tenure protects judges from removal without just cause, allowing them to make impartial decisions without fear of political repercussions. This stability is essential for maintaining an independent judiciary.

How do guaranteed salaries ensure Judicial independence?

Guaranteed salaries provide judges with financial security, preventing external pressures or political influences from affecting their rulings and ensuring they can uphold the law independently.

How does contempt of court ensure Judicial independence?

Contempt of court protects the integrity of the judicial process by penalizing actions that undermine its authority, thereby allowing judges to make decisions free from intimidation or outside influence.

What was the significance of Gina Miller’s case regarding Article 50?

It ruled that the government must secure parliamentary consent to trigger Article 50.

How does the Constitutional Reform Act (CRA) impact judicial independence in the UK?

It enhanced judicial independence and allowed judges to create a public profile.

What kind of cases does the UK Supreme Court typically adjudicate?

It judges cases where the meaning of the law is uncertain and sets precedents for future cases.

What was the ruling in Radmacher v Granatino (2010)?

The court found that prenuptial agreements are legally binding in the UK.

What did the UK Supreme Court decide in Miller v Secretary of State for Exiting the European Union (2017)?

The government could not trigger Article 50 without parliamentary approval.

What is the consequence of a judicial ruling being ultra vires?

It indicates that public bodies have acted beyond their statutory authority.

How does the Supreme Court utilize the Human Rights Act (HRA)?

It issues declarations of incompatibility when government actions are deemed inconsistent with human rights.

What does prorogation refer to in a parliamentary context?

It marks the end of a parliamentary session and the period before the State Opening of Parliament.

What does the public opinion reveal about the prorogation of Parliament by Johnson?

73% of respondents found it not acceptable.

What are the three main areas of power for the Supreme Court post-Brexit?

Revisiting legal precedents, making ultra vires rulings, and issuing declarations of incompatibility.