UK Judiciary and Supreme Court Practice Flashcards

A set of vocabulary flashcards covering the key terms, legal cases, and structural principles of the UK Judiciary as outlined in the lecture notes.

Judiciary

The system of judges and courts responsible for interpretting and applying the law.

Constitutional Reform Act 2005

A law that established the UK supreme court and reformed the Lord Chancellor to strengthen judicial independence.

Secret soundings

Informal consultations with judges used to gauge suitability for promotion or appointment, often criticised for lacking transparency.

Senior judiciary

Judges in higher courts, such as the Supreme Court, Court of Appeal, and Higher Court, who have the authority to oversee important cases.

Qualifying practitioner

A lawyer meetng certain experience and professional criteria who is eligible for judicial appointment.

Politicisation

The influence of political considerations on judicial decisions.

Ultra vires

A Latin term meaning “beyond powers,” referring to a government body acting beyond its legal authority.

ECHR (1950)

A treaty protecting civil and political rights in Europe, including the right to life, fair trial, and freedom of expression.

Derogation

The temporary suspension or limitation of certain rights under the ECHR.

Quasi-legislative

Powers or decisions made by bodies that have law-making effects but are not formal legislative acts.

Judicial review

A court's authority to examine an executive or legislative act and assess whether public bodies or ministers acted lawfully and within their powers.

Anne Marie Rogers (2006)

A Court of Appeal case involving a campaign for cancer drug treatment; highlighted that courts cannot strike down legislation due to parliamentary sovereignty.

Miller (2017)

A Supreme Court ruling that established Parliament must approve Article 50 before the government can trigger Brexit using royal prerogative powers.

Judicial Appointment Commission (JAC)

An independent body created by the CRA (2005) that selects judicial candidates based on merit through assessments and interviews.

Lady Brenda Hale

The first woman to become President of the Supreme Court, serving from 2017–2020.

Rule of Law

The principle that everyone, including government ministers, is subject to the law and that laws are applied equally.

Judicial Independence

The principle that the judiciary shall be free from political control and interference, protected by tenure and guaranteed salaries.

Judicial Impartiality

The requirement that judges make decisions fairly without personal bias, based only on law and evidence.

Factortame 1990

A case involving Spanish fisherman that emphasized EU law is supreme over domestic law, requiring national laws to be set aside if they conflict with EU law.

Superceded

The process where one law, such as EU law under the 1972 European Community Act, overrides or takes precedence over domestic law.

Dicey's Three Principles

Conceptual framework for the Rule of Law: 1. No one is punished without trial; 2. No one is above the law; 3. The Constitution is based on judicial decisions.

Security of Tenure

A pillar of independence where judges are appointed on an open-ended basis and cannot be easily dismissed by politicians.

Consolidated Fund

The source from which judicial salaries are automatically paid to prevent government manipulation through salary changes.

Sub judice rule

A rule restricting the media, MPs, and the public from commenting on active legal proceedings to prevent external pressure on judges.