Relations between branches- The Supreme court

When did the SC open?

2009

Who did the supreme court replace?

Law Lords in

Why was supreme court creates?

2005 consitutional reform act

How many members are on SC?

12

10 men

2 women

What phrase is often used to descibe supreme court?

Male

Pale

Stale

How are people elected to the HOL?

Must be nominated by a 5 member select commision

The Lord Chancellor must confirm or reject the nomination

Then conifmed by PM and Monarch

What is supreme court retirment age ?

70 previously 75

What did the Lord Chancellor used to be?

Member of Cabinet

Chairman of HOL

Head of judiciary

Reformed to improve seperation of powers

What is the Supreme court? X5

UK wide court

Final Court of Appeal for criminal cases (England,Wales,NI) and Civil cases (whole uk)

Interprets Eu law

Hears cases of significcant public and consitutional important

Rules whether devolved bodies acted outside of authority

What should justices not be swayed by?

Policial Opinion (Neutrality)

What cases can justices not sit on?

those involving colluge, family, friend

What does transparency mean regarding SC?

Decisions are fully explained on court website and cases are Televised

(Public can scruitnise and check for no bias)

What was questioned in 2016?

Neutrality of the High Court named as enemy of the people by Brexit decision

What did Lady Hale quesiton?

How representative the court was and how this impacted the neutrality on cases

What did the SC ruling in 2019 result in?

Ruling that Johnson proroguing Parliament in 2019 was unlawful (so they couldnt scurinie brezit)

What is Judicial Independence?

Justices are free from Political intereference and people trust they act impartially

How is Judicial independence upheld?

Judges cannot be removed from office unless they break the law

Protected from legal action ovrr comments made in cases

Secuirty of Tenure

Pay is protected

How does the Supreme Court Effect Parliament?

Interpret the Human Rights Act if it declared legislation as ‘incompatible’ with it the act must be modified but it cannot force this as parliament is soverign and consitituion is uncodified

What does Ultra Vires translate to?

Beyond the Powers

What does Ultra Vires Mean?

A public body acted beyon powers given to them

In 2012 what is the context to the supreme court ruling someone as acting Ultra Vires?Supreme Court

Former Lord Chancellor, Lord Grayling changed the Legal Aid Act using secondary legislation to introduce a ‘residence text’

In 201 what is the context to the supreme court ruling someone as acting Ultra Vires?

The Scottish Parliament passed bills that into Scottish law the Rights of the Child from UN convention as acted that Scotland do not have these powers to do so

What is judicial review?

Power to review the actions by other branches of government and judge is law has been broken and in some actions can force a reversal of action eg. Johnson proroguing parliament (could get around by changing the law)