Relations between institutions
- SC and its interactions with, and influence over, the legislative and policy-making process
1) Role and composition of the SC
The Supreme Court established in the 2005 Constitutional Reform Act - To increase the independence of
the judiciary from the government.
Previously, the highest court of appeal in the UK was the Law Lords, who were senior judges also
members of the House of Lords.
Previously, the Lord Chancellor was a cabinet minister (justice secretary), but also the head of the
judiciary responsible for appointing judges.
This second role was removed from the Lord Chancellor in 2005.
The Supreme Court was opened in 2009, and serves as the final court of appeal in the UK (including all of
the regions of the UK).
It hears appeals on points of law and matters of legal and constitutional importance. It can make
decisions relating to whether government institutions have acted within their powers, including
devolved bodies, and can use judicial review to assess whether the government has acted in accordance
with existing law
But they cannot initiate trials.
An example of a case heard by the Supreme Court was in 2016-17, when Gina Miller, a businesswoman,
argued that the Prime Minister did not have the right to trigger Article 50 (the formal notice of Britain’s
exit from the EU) without the consultation of Parliament. The Court found in Miller’s favour, and
Parliament had to vote to trigger Article 50 in 2017, which they did.
1) Magistrates’- deals with criminal cases mostly
2) County- deals with civil cases (e.g. landlord/tenant disputes)
3) Crown- deals with more serious criminal cases (judge and jury sentencing
4) High- deals with more complicated civil cases (e.g. adoption, large compensation claims)
5) Court of Appeal- hears appeals from civil and criminal cases
6) Supreme- hears appeals from Court of Appeal
7) European Court of Justice- hears cases involving EU laws which may have been broken
8) European Court of Human Rights- deals specifically with human rights issues
The Supreme Court is made up of 12 members. Cases are usually heard by 5-9 judges (depending on the
importance of the case) and always an odd number so a majority verdict can be reached.
The most senior judge is known as the President (for example, Lord Neuberger), and the majority of
judges are white males, which has attracted criticism- in 2017, there was only one female judge on the
court.
The first members were the former Law Lords (who were removed from the House of Lords) and will
usually have served as a senior judge for 2 years.
, Appointments to the Supreme Court are made by an independent selection commission, who
recommend a candidate who is then approved or rejected by the Lord Chancellor, who cannot
indefinitely reject candidates.
2) Key operating principles of SC, including judicial neutrality + judicial independence and their extent
Judicial independence -
Yes:
1) Under the Commonwealth Latimer House principles, Judges have security of tenure, they cannot be
sacked by the government to guarantee shielding judges from external pressures when holding
powerful individuals to account. Retire at 75 - Lady Hale's retirement earlier this year.
2) Consolidated Fund - The independence of the judges is protected by the fact that judges receive
fixed salaries not subject to parliamentary approval. Bank of England account, not controlled by
Government.
3) Constitutional Reform Act 2005 - Enshrines Judicial independence by creating new SC independent
of Exec. and Legisl. - protects judicial independence by establishing the Judicial Appointments
Commission. Appointment of judges now not entirely in hands of PM.
No:
1) Pre-2005, Law Lords headed the Supreme Court and were part of the House of Lords. As well as
this. This allowed for political difference in law making, ruling etc.
2) Government retains some role in the final decision of appointing judges, which could be abused.
The JAC has to consult the Lord Chancellor, who is currently the Conservative MP Robert Buckland. If
he wish to, he can reject recommentations to the Supreme Court. Parliamentary approval.
3) Judicial Appointments Commission consists of lords part of Parliament that may have political
influence and sympathies for the running Government. For example, current head Lord Kakkar is a
current Lord. Instead of 12 Law Lords, there is now one. He has a large role in filtering the pool.
Judicial neutrality -
Yes:
1) Promise of a universal application of the law under the rule of law requires that such bais is not
allowed to colour judicial decisions
2) The relative anonymity of senior judges- judges have traditionally operated away from the public
eye; judges rarely spoke out publicly on issues of law or public policy; senior judges are expected to
avoid being drawn into open defence of their rulings or criticism of those in government
3) Restriction on political activity- judges are not supposed to campaign on behalf of a political party
or pressure group; judges retain the right to vote; their political views or outlook should not become a
matter of public record
4) High level training- judges are part of a highly trained profession regulated by the Law Society;
senior judges have commonly served for many years as barristers before taking to the bench; their
elevation to the higher ranks of the judiciary would normally reflect a belief that they are able to put
any personal bias to one side when administering justice
No:
1) 10/12 of those appointed to the higher tiers of the judiciary being privately schooled, oxbridge
educated, white, middle class men who are beyond middle age. 1% of population - doesn't match up
with the general population, whose lives are influenced by their decisions.
- SC and its interactions with, and influence over, the legislative and policy-making process
1) Role and composition of the SC
The Supreme Court established in the 2005 Constitutional Reform Act - To increase the independence of
the judiciary from the government.
Previously, the highest court of appeal in the UK was the Law Lords, who were senior judges also
members of the House of Lords.
Previously, the Lord Chancellor was a cabinet minister (justice secretary), but also the head of the
judiciary responsible for appointing judges.
This second role was removed from the Lord Chancellor in 2005.
The Supreme Court was opened in 2009, and serves as the final court of appeal in the UK (including all of
the regions of the UK).
It hears appeals on points of law and matters of legal and constitutional importance. It can make
decisions relating to whether government institutions have acted within their powers, including
devolved bodies, and can use judicial review to assess whether the government has acted in accordance
with existing law
But they cannot initiate trials.
An example of a case heard by the Supreme Court was in 2016-17, when Gina Miller, a businesswoman,
argued that the Prime Minister did not have the right to trigger Article 50 (the formal notice of Britain’s
exit from the EU) without the consultation of Parliament. The Court found in Miller’s favour, and
Parliament had to vote to trigger Article 50 in 2017, which they did.
1) Magistrates’- deals with criminal cases mostly
2) County- deals with civil cases (e.g. landlord/tenant disputes)
3) Crown- deals with more serious criminal cases (judge and jury sentencing
4) High- deals with more complicated civil cases (e.g. adoption, large compensation claims)
5) Court of Appeal- hears appeals from civil and criminal cases
6) Supreme- hears appeals from Court of Appeal
7) European Court of Justice- hears cases involving EU laws which may have been broken
8) European Court of Human Rights- deals specifically with human rights issues
The Supreme Court is made up of 12 members. Cases are usually heard by 5-9 judges (depending on the
importance of the case) and always an odd number so a majority verdict can be reached.
The most senior judge is known as the President (for example, Lord Neuberger), and the majority of
judges are white males, which has attracted criticism- in 2017, there was only one female judge on the
court.
The first members were the former Law Lords (who were removed from the House of Lords) and will
usually have served as a senior judge for 2 years.
, Appointments to the Supreme Court are made by an independent selection commission, who
recommend a candidate who is then approved or rejected by the Lord Chancellor, who cannot
indefinitely reject candidates.
2) Key operating principles of SC, including judicial neutrality + judicial independence and their extent
Judicial independence -
Yes:
1) Under the Commonwealth Latimer House principles, Judges have security of tenure, they cannot be
sacked by the government to guarantee shielding judges from external pressures when holding
powerful individuals to account. Retire at 75 - Lady Hale's retirement earlier this year.
2) Consolidated Fund - The independence of the judges is protected by the fact that judges receive
fixed salaries not subject to parliamentary approval. Bank of England account, not controlled by
Government.
3) Constitutional Reform Act 2005 - Enshrines Judicial independence by creating new SC independent
of Exec. and Legisl. - protects judicial independence by establishing the Judicial Appointments
Commission. Appointment of judges now not entirely in hands of PM.
No:
1) Pre-2005, Law Lords headed the Supreme Court and were part of the House of Lords. As well as
this. This allowed for political difference in law making, ruling etc.
2) Government retains some role in the final decision of appointing judges, which could be abused.
The JAC has to consult the Lord Chancellor, who is currently the Conservative MP Robert Buckland. If
he wish to, he can reject recommentations to the Supreme Court. Parliamentary approval.
3) Judicial Appointments Commission consists of lords part of Parliament that may have political
influence and sympathies for the running Government. For example, current head Lord Kakkar is a
current Lord. Instead of 12 Law Lords, there is now one. He has a large role in filtering the pool.
Judicial neutrality -
Yes:
1) Promise of a universal application of the law under the rule of law requires that such bais is not
allowed to colour judicial decisions
2) The relative anonymity of senior judges- judges have traditionally operated away from the public
eye; judges rarely spoke out publicly on issues of law or public policy; senior judges are expected to
avoid being drawn into open defence of their rulings or criticism of those in government
3) Restriction on political activity- judges are not supposed to campaign on behalf of a political party
or pressure group; judges retain the right to vote; their political views or outlook should not become a
matter of public record
4) High level training- judges are part of a highly trained profession regulated by the Law Society;
senior judges have commonly served for many years as barristers before taking to the bench; their
elevation to the higher ranks of the judiciary would normally reflect a belief that they are able to put
any personal bias to one side when administering justice
No:
1) 10/12 of those appointed to the higher tiers of the judiciary being privately schooled, oxbridge
educated, white, middle class men who are beyond middle age. 1% of population - doesn't match up
with the general population, whose lives are influenced by their decisions.
