Summary
Summary Key Doctrines of the Supreme Court
- Course
- Institution
providing a complete comprehensive study of the key doctrines of the Supreme Court as it relates to the AQA exam board with annotated textbook pages included.
[Show more]
Seller
Follow
nathanh2004
Content preview
🔑Key doctrines of the Supreme
Court
The rule of law
The rule of law is a key doctrine of the UK constitution under which all are
guaranteed justice. (A.V. Dicey saw this as one of the ‘twin pillars’ of the
constitution, the other being parliamentary sovereignty.)
According to Dicey, the rule of law has three main strands:
No one can be punished without trial.
However this has not always been held up in practice with terrorist suspects
being subject to punishments like indefinite detention, freezing of their assets
etc.
No one is above the law and all are subject to the same justice.
However again has not always been held up, examples of this include
monarchs, MPs, this is especially obvious in the expenses scandal 2009.
The general principles of the constitution result from judges’ decisions
rather than parliamentary statute.
Although this is prescribed, any legal precedent can be overturned by a simple
act of parliament.
Key doctrines of the Supreme Court 1
, The malfunctions of this doctrine could possibly be put down to a flaw of the un-
codified nature of the UK constitution.
Judicial independence and judicial neutrality
The rule of law demands that judges at all levels of the UK judiciary should operate
with independence and dispense justice with a level of neutrality. However there
needs to be a distinction between these two.
The absence of judicial independence is a threat to judicial neutrality because the
impartiality of the judge is compromised if they are subject to external control.
However independence leaves judges much in the same way, to their own,
inevitable biases.
How do they differ?
How is judicial independence maintained?
Judicial independence is based on 6 main pillars:
‘Security of tenure’ on judges. Judges are appointed for an open ended term,
however that they must retire by the age of 75. This means that politicians
cannot seek bring influence by suspension or sacking them. They may only be
removed by impeachment vote in the Houses of Parliament.
The offence of contempt of court. The suspension of ministers, media and
others from talking on legal proceedings as to not sway any outcomes through
pressure from the general public.
Key doctrines of the Supreme Court 2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nathanh2004. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.09. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
50155 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now