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Summary UK Supreme Court Revision Notes
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ROLE AND COMPOSITION Judicial Review When-
judges review actions of public offic
bodies
Judiciary: doesn't exist as a
single body
-
so that
they can determine whether
have acted in a lawful manner
.
↳* group
of all UK
Judges
those who are
directly
involved in the administration
Ultra vires -
beyond the authority" )'beyond one's po
↳ review
judicial will see whether office
and
application of justice
. gou
has acted ultravires
.
beyond authority g
- >
the Supreme Court established ?
Why was
them in law
Prior to October
was the
12 Law Lords
2009 the
highest court of
appeal
How did the
following developments lead to the
judicial revie
who set in the
Committee of the
houseof Lords. Appellate Membership in the EU under European committees act 1972
: -
UK
incorporated Treaty of Rome into law European tool
-
Supreme Court was formed under CRA COOS in
response to concerns :
Factortame -
over
UK courts
conflicting
have
statues (past
&
present)
also been able to
statues that
suspend UK
D incomplete separation fusion of power appear to be in violation of EU laws
specifically
or
, .
The Human
in the upper chamber with the Law lords and
the Rights (1998) : Prior to 1998 courses were heard at ECHR
legislature ↳
I
because its based on Council of Europe ECHR & not EU
② Criticisms of opaque system under which Senior law it's
NOT Superior to
parliamentary Statue
judges (Law lovds) were
appointed has persuasive
authority'-enhanced protection of
individual
③ failure to find difference between House of Lords' rights
legislature and judicial functions.
read for So
pg169 power under HRA
[
The Supreme Court
Functions of the Supreme Court
↳
highest count of appeal
① Act as the final court of
appeal in
England
,
Co
BREXIT & SC
Wales and Northern Island KEY PRINCIPLES :
ECHR introduced
was
by
·
↳ hear
appeals from civil cases in Scotland D The Rule of Law
Rome
Leaving Treaty
:
· of -
② Clarify the
meaning of the law
key doctrine justiced is
guaranteed
hearing appeals
- -
to all Y
in cases where there is conclusions plas
uncertainty A 'twin of
V
Dicey saw it as pinar'
② How
.
system of appointing Supreme
.
Old Court Justices constitution with 2nd
being parliamentary
is
judicial neutrality gur
sovereignty More
Relative anonymity of senior judge
punished without trial
--
.
DICEY -DNo one can be
Appointments to used to be made
by
detail in
judiciary
senior
text bope ② Restriction political activity
on -> n
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