Summary UK politics & government: the Supreme Court
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Course
Unit 2 - Governing the UK
Institution
PEARSON (PEARSON)
detailed notes on the area of the specification which covers the Supreme Court and its interactions with, and influence over, the legislative and policy-making processes:
• The role and composition of the Supreme Court.
• The key operating principles of the Supreme Court, including judicial ...
4.1 impact of the supreme court on legislative & policy-
making processes.
Role & composition of the Supreme Court:
Rule of law – therefore it is vital that there is a separation of powers
between executive & judiciary so the citizens can be confident that
their civil liberties are protected.
Highest court in the UK & was created to separate the UK’s judiciary
from parliament so that the judiciary can more easily check the
power of parliament & the executive.
Role –
Court of appeal for criminal & civil case rulings made in lower courts
(crown courts, magistrates’ court). UK’s final court of appeal
(excluding Scotland).
SC hears appeals on cases where there are issues of public
significance & where there are arguable points of law.
Key functions include – defending citizens’ rights & liberties, law
enforcement & applying EU law & the HRA.
Defending rights & liberties:
Uses rule of law to provide a wide range of protections to citizens’
rights:
- HRA 1998 – protects UK citizens’ rights, can be used by SC which
includes freedoms such as right to life & a fair trial.
- EU laws protected by SC, which are outlines in European
Convention on Human Rights (ECHR).
Judicial review, Natural Justice & precedent from past rulings
protects rights & freedoms.
Law enforcement:
Can uphold laws & rights when challenged, such as the rights given
by the freedom of information act.
Govt decisions:
Can rule against govt laws & declare them illegal.
Can declare govt decisions incompatible with ECHR.
, Constitutional Reform Act (2005) established the SC with replaced
Law lords, who ruled in the Appellate Committee if the HoL, as part
of the separation of parliament & judiciary.
- Justices include Lord Reed, Lord Sumption.
Justices do not have a term limit but must retire at 70 if appointed
after 1995 (decided by a 1933 Act of parliament).
Ways the Supreme Court can claim independence &
neutrality:
Housed in Middlesex Guildhall & faces Parliament on Westminster
Square – physical separation is an important statement of the
court’s political independence.
Judges not permitted to be a party member. Barrister/solicitor
may be a party member & pursue a political career, but once
appointed must abandon any political ambitions & associations.
Judges’ salaries not determined by parliament. Govt follows
recommendations of Senior Salaries Review Body & payment is
made directly from Consolidated Fund – ensures no govt could seek
to influence judiciary through financial incentives.
Since Act of Settlement 1701 – senior judge can only be
removed by a resolution passed in both Houses – security of
tenure & cannot be removed by govt. judges can act according to
how they think the law should be interpreted without fearing the
consequence of loss of office.
Constitutional Reform Act 2005 – removed Law Lords from the
Appellate Committee of the HoL & established the SC as a separate
institution from the legislature.
- Also designed to make appointments to judiciary more
transparent. Judicial Appointments Committee established –
selects judges based on merit & good character, as well as
considering the importance of encouraging diversity within
judiciary.
Appointments decided by a specially summoned 5-person
selection committee (president of SC, senior judge &
representatives of judicial appointments commission of E, W, S &
NI). If candidates are of equal merit, selection committee may prefer
1 candidate for the purpose of increasing diversity in judiciary.
- Contrast with USA, where president appoints SC membership
with consent of Senate. Influence president has over nominations
to US SC makes it more politically partisan than UK SC.
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