UK- Judiciary

When did the UK Supreme Court come into existence?

It can into existence in 2009, created by the CRA 2005, and it replaced the House of Lords (Law Lords)

What is the role of the Lord Chancellor?

The Lord Chancellor is a senior government minister who reviews judicial appointments, oversees the justice system, and ensures constitutitonal procedures are followed, while remaining seperate from day to day judicial decisions

3 parts of the selection process

• Judicial Appointments Commission (JAC)

• Assessment of Candidate

• Lord Chancellor Approval

What is the JAC, and give an example relating to it? (3 parts of selection process)

The JAC is an independent body that recommends candidates based on merit and legal expertise

Lord Phillips (2009)- When the SC was created, the first justices, including Phillips, were recommended by the JAC, showing that appointments were based on merit, not politics

Example of Assessment of a Candidate? (3 parts of selection process)

Lady Hale (2009)- She was tested on her legal expertise and judgement before her appointment to the SC, demonstrating the focus on experience, competence and personal qualities.

Example of Lord Chancellor Approval? (3 parts of selection process)

Lord Reed (2012)- Lord Reed’s (President of the SC) appointment to the SC was approved by the Lord Chancellor, ensuring constitutional oversight while maintaining judicial independence

What is the Constitutional Reform Act? (CRA 2005)

The CRA 2005 is a UK law that reformed the constitution to strengthen judicial independence and clarify the seperation of powers

3 ways the CRA changed the judiciary?

• Creation of an independent Supreme Court

• Establishment of an independent body to handle appointments

• Reform of the Lord Chancellor’s Role

Evidence relating to the creation of an independent Supreme Court (3 ways CRA changed the judiciary)

Before the Act, most senior judges were Law Lords sitting in the House of Lords, the Act transferred that role to the UK Supreme Court, which began operating in October 2009, with its own building, staff and budget

Evidence relating to the establishment of an independent body to handle appointments (3 ways CRA changed the judiciary)

The Act created an independent JAC to handle judicial appointments.

The JAC was formally established on 3rd April 2006, and its role is to select judges on merit and character,

Evidence relating to the Reform of the Lord Chancellor’s Role (3 ways the CRA changed the judiciary)

The CRA 2005 redefined the role of the Lord Chancellor, removing judicial functions and seperating powers.

Judicial functions were transferred to the Lord Chief Justice and the Lord Chancellor no longer sat as the head of the judiciary, their role became largely executive and administrative, rather than judicial.

What is the meaning of ultra vires? (Ground of judicial review)

When a public body or government minister acts outside the powers given to them by Parliamentwht

What is procedural impropriety? (Ground of judicial review)

When a public body has failed to follow the correct legal procedures when making a decision

What is irratitonality? (Ground of judicial review)

When a decision is soo unreasonable that no reasonble decision-maker could have made it

3 grounds of Judicial review

• Ultra Vires

• Procedural Impropriety

• Irratitonality

Give an example of Ultra Vires? (Ground of Judicial Review)

Miller 1 (2017)- Theresa May’s Government wanted to trigger Article 50 using royal prerogative powers, without the approval of Parliiament. The SC said that this was ultra vires, and that only Parliament could authorise the triggering of Article 50, and that the government were acting beyong their legal authority.

3 roles of the judiciary

• Interpreting and applying the law

• Protecting rights

• Holding public bodies accountable

Example of interpreting and applying the law? (3 roles of the judiciary)

Judges decide how statutes and common law are applied.

Supreme Court interprets legislation like the HRA 1998 and issue declarations of incompatibility

Example of protecting rights? (3 roles of the judiciary)

Miller 1 (2017)- Protected statutory rights

Example of holding public bodies to account? (3 roles of the judiciary)

Miller 2 (2019)- Johnson prorogued Parliament for 5 weeks during the Brexit. Critics argued this was unlawful because it prevented Parliament from scrutinising the government. The Court ruled the prorogation was unlawful, this held the gov to account, showing that even the PM must act within law.

What happened in the case of HM Treasury v Ahmed (2010)?

The Treasury froze the assets of individuals suspected of terrorism under Orders made using the UN Act 1946. The SC ruled that the Orders were ultra vires because the executive don’t have the power to impose broad, indefinite asset freezes on UK citizens.

However to temporarily validate the Treasury’s asset freezng powers, Gordon Brown quickly formulated the Terrorist Asset Freezing Act (2010), which passed through all of its legislative stages within 4 days.

What happened in the case of Nicklinson v Ministry of Justice (2014)?

Tony Nicklinson, who was paralysed from the neck down due to a stroke, wanted assisted suicide. But assisted suicide was illegal under UK law Suicide Act 1961, so he challenged the law as violating his human rights. The SC recognised human rights issues but could not change the law on assisted dying, only Parliament could do that

What happened in the case of Miller 1 (2017)?

After the 2016 referendum, May’s government wanted to trigger Article 50 to begin leaving the EU. The government attempted to do this using royal prerogative powers, but Gina Miller and others challenged the government arguing that only Parliament could authorise triggering Article 50. The SC ruled that the government could not trigger Article 50 wthout an Act of Parliament.

What happened in the case of Miller 2 (2019)?

In 2019, Johnson advised the Queen to prorogue Parliament for 5 weeks amidst the Brexit process. Critics argued that the prorogation was unlawful because it prevented Parliament frim scrutinising the government at a crucial time. The SC ruled that the prorogation was unlawful, reason being it prevented Parliament from carrying out its constitutional functions without reasonable justification. After this Parliament resumed immediately, and the prorogation was declared null and void.

What happened in the Rwanda Case (2023)?

The UK gov planned to send asylum seekers to Rwanda for their claims to be processed. Asylum seekers challened this arguing that they could face serious harm if they were sent there. The SC ruled this policy unlawful, becasue there was a real risk of ill-treatment which would have been in breach of human rights

However the government passed the Rwanda Bill, where in some parts it explicitly treated Rwanda as a safe country for asylum process, meaning that the UK could argue that people would not face persecution there. And also gave statutory authority for removals.

What is Judicial Review?

When judges check whether government actions or decisions are lawful

3 ways in which the UK judiciary can excercise influence over the government/politics?

• Judicial Review

• Interpretation of Laws

• Declaration of Incompatibility

Example of Judicial Review (3 ways UK judiciary can excercise influence over government/politics)

Miller 2 (2019)- Prorogation of Parliament was ruled unlawful by the SC

Example of Interpreting Legislation (3 ways UK judiciary can execercise influence over government/politics)

HRA (1998)- Under Section 3 of the HRA, courts must interpret laws “as far as possible” to make them compatible with human rights

Example of Declaration of Incompatibility (3 ways UK judiciary can excercise influence over government/politics)

Secretary of State for Business v Mercer (2024)- The UK SC issued a declaration of incompatibility under Section 4 of the HRA 1998, the Court found that UK employment law failed to protect freedom of assembly and association in relation to lawful strike action. Mercer was a trade union representative who partook in strike action, she wasn’t sacked but penalised in other ways. such as loss of pay and other disciplinary consequences.

3 ways judicial independence is upheld in the UK

• Security of Tenure

• Judges are appointed by an independent body

• Seperation from government

Example of Secuirity of Tenure (3 ways judicial independence is upheld in the UK)

Judges can only be removed by a vote of Parliament, this is set out in the Act of Settlement (1701)

Example of judges are appointed by an independent body (3 ways judicial independence is upheld in the UK)

Judges are appointed based on merit, reducing political influence. It is done by the Judicial Appointments Commission (JAC) created by the CRA 2005

Example of seperation from government (3 ways judicial independence is upheld in the UK)

The Judiciary is institutionally seperate from the executive and legislature. Creation of Supreme Court (2009) seperated the court from the legislature

3 challenges to judicial independence and neutrality?

• Parliamentary Sovereignty

• Lack of Diversity

• Executive Pressure and Attacks

Example of Parliamentary Sovereignty (3 challenges to judicial independence and neutrality)

HM Treasury v Ahmend (2010)- Parliament by-passed the ruling by just creating a new law called the Terrorist Asset Freezing Act (2010), which passed through all legislative stages within 4 days

Example of Lack of Diversity (3 challenges to judicial independence and neutrality)

As of December 2025, only 2 women among the 12 Justices

Example of Executive Pressure and Attacks (3 challenges to judicial independence and neutrality)

Miller 1 (2017)- Gov ministers publicly criticised the Supreme Court decisions. Comments included accusations that judges were “overstepping their role”.

3 ways in which the judiciary could be argued as to have become politicised?

• Involved in high-profile political cases

• Experience public and media criticisms

• Human Rights Decisons

Example of Involvement in high-profile political cases (3 ways judiciary is argued to be politicised)

Miller 2 (2019)- SC had to make a decision on Johnson’s prorogation of Parliament, which was a intensely political matter at the time.

Critics argue this gives unelected judges politcal influence, feeding claims of politicisation

Example of experiencing public and media critcisms (3 ways the judiciary is argued to be politicised)

Media coverage and public attacks can make judges apper poltiically biased, After Miller 1 (2017) The Sun newspaper ran a front-page calling SC justices “enemies of the people”.

Example of Human Rights Decsions (3 ways the judiciary is argued to be politicised)

Judges increasingly use HRA rulings to challenge government actions. Mercer (2024)- The SC declared UK employment law incompatibile with Article 11 (freedom of assembly/association) of the HRA

3 criticisms of the Supreme Court

• Involvement in Politics

• Lack of Diversity

• Limited Power

Example of Involvement in Politics (3 critcisms of the SC)

Miller 2 (2019)- Some claimed that unelected judges were interfering in politics

Example of Lack of Diversity (3 criticisms of the SC)

As of December 2025 only 2 women out of the 12 justices

Example of Limited Power (3 criticisms of the SC)

HM Treasury v Ahmed (2010)- The SC ruled that Orders used to freeze assets were ultra vires. However to temporarily validate the assest freezing Parliment just passed a new law called the Terrorist Asset Freezing Act (2010)