= Has already Come Up on a previous paper
(Although unlikely to repeat specification points on questions,
please don’t entirely rule this out!)
Chapter 4 – The Judiciary
Supreme Court = Comprises of 12 Justices and resides in Middlesex Guildhall, close to
Westminster – Final Court of Appeal for all cases in England / Wales / Northern Ireland, and
hears appeals for all civil cases in Scotland
plays a key role in establishing legal precedent by hearing appeals and laying down case
law in cases where there is legal uncertainty
Judicial Independence = Those in the judiciary should be free from political control, allowing
them to apply justice properly without fear of consequences
Judicial Impartiality = Those in the judiciary operate without personal bias in their
administration of justice
Separation of Powers = The three elements of governmental power (executive, legislative,
and judicial) are held by separate branches of government in order to prevent tyranny
Ultra Vires = Where an official has acted ‘beyond their powers’ / beyond the authority
granted to them in law
Judicial Review = Process where judges review the actions of public officials and determine
whether they have acted lawfully or not
Politicisation = Those that were traditionally seen as beyond party politics are drawn into it
, “Explain and Analyse three key aspects of the UK
judiciary”
Lack of Diversity
- As of 2023 the Supreme Court consisted of 8% women and 0%
ethnic minorities, whereas the rest of the UK is 51% female and
18% ethnic minority
- TISB this could make it harder for judges to fully understand the
cultural context in some cases, as well as reducing the public’s
trust and risking leading to biased ‘pro-establishment’ decisions
SC is Independent from the rest of Government
- As of the 2005 Constitutional Reform Act, the Supreme Court
was separated from the Law Lords of the Appellate Committee
and became its own independent establishment by 2009,
appointed by the Judicial Appointments Commission
- Less significant – despite its physical separation this has not
meant it has become less politicised – brought up into heavily
politicised cases such as the 2017 and 2019 Gina Miller cases
against Brexit and Boris Johnson respectively
Accuse Officials of acting Ultra Vires
- Reilly vs Secretary of State for Work and Pensions (2013) = SC
ruled that the Department for Work and Pensions had acted
Ultra Vires in introducing its ‘welfare to work’ policy
- Less significant – power of senior judges is limited as
parliamentary sovereignty is able to overrule SC rulings
regardless – as in this instance Parliament had passed
retrospective legislation (Jobseekers Act 2013) which cleared
the Department from any accusations of acting unlawfully
(Although unlikely to repeat specification points on questions,
please don’t entirely rule this out!)
Chapter 4 – The Judiciary
Supreme Court = Comprises of 12 Justices and resides in Middlesex Guildhall, close to
Westminster – Final Court of Appeal for all cases in England / Wales / Northern Ireland, and
hears appeals for all civil cases in Scotland
plays a key role in establishing legal precedent by hearing appeals and laying down case
law in cases where there is legal uncertainty
Judicial Independence = Those in the judiciary should be free from political control, allowing
them to apply justice properly without fear of consequences
Judicial Impartiality = Those in the judiciary operate without personal bias in their
administration of justice
Separation of Powers = The three elements of governmental power (executive, legislative,
and judicial) are held by separate branches of government in order to prevent tyranny
Ultra Vires = Where an official has acted ‘beyond their powers’ / beyond the authority
granted to them in law
Judicial Review = Process where judges review the actions of public officials and determine
whether they have acted lawfully or not
Politicisation = Those that were traditionally seen as beyond party politics are drawn into it
, “Explain and Analyse three key aspects of the UK
judiciary”
Lack of Diversity
- As of 2023 the Supreme Court consisted of 8% women and 0%
ethnic minorities, whereas the rest of the UK is 51% female and
18% ethnic minority
- TISB this could make it harder for judges to fully understand the
cultural context in some cases, as well as reducing the public’s
trust and risking leading to biased ‘pro-establishment’ decisions
SC is Independent from the rest of Government
- As of the 2005 Constitutional Reform Act, the Supreme Court
was separated from the Law Lords of the Appellate Committee
and became its own independent establishment by 2009,
appointed by the Judicial Appointments Commission
- Less significant – despite its physical separation this has not
meant it has become less politicised – brought up into heavily
politicised cases such as the 2017 and 2019 Gina Miller cases
against Brexit and Boris Johnson respectively
Accuse Officials of acting Ultra Vires
- Reilly vs Secretary of State for Work and Pensions (2013) = SC
ruled that the Department for Work and Pensions had acted
Ultra Vires in introducing its ‘welfare to work’ policy
- Less significant – power of senior judges is limited as
parliamentary sovereignty is able to overrule SC rulings
regardless – as in this instance Parliament had passed
retrospective legislation (Jobseekers Act 2013) which cleared
the Department from any accusations of acting unlawfully
