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The Judiciary - Coggle Diagram
The Judiciary
Key concepts
Supreme Court -Comprises 12 justices and based in Middlesex Guildhall, close to the Westminster parliament. The court acts as the final court of appeal for all cases in England, Wales and Northern Ireland, as well as hearing appeals from civil cases in Scotland, and plays a key role in establishing legal precedent, by hearing appeals and
laying down case law in cases where there is legal uncertainty.
What is the judiciary?
The Constitutional Reform Act 2005 established the Supreme Court: it reduced the power of the Lord Chancellor, placing most senior judicial appointments into the hands of a new, independent Judicial Appointments Commission (JAC). It was hoped that this change would enhance the separation of powers and result in a senior judiciary that was more socially representative of the broader population.
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The 12 justices would sit and discharge the roles previously performed by the Law Lords.
Placing most senior judicial appointments into the hands of a new, independent Judicial Appointments Commission (JAC).
This is the purpose of the Supreme Court.
Before the establishment of the Supreme Court the highest court of appeal in the UK comprised the 12 Law Lords who sat in the Appellate Committee of the House of Lords
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The Supreme Court is based in Middlesex Guildhall, close to the Westminster parliament.
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Judicial review
Judicial review - The process by which judges review the actions of public officials or public bodies in order to determine whether or not they have acted in a manner this is lawful.
Ultra Vires - From the Latin meaning 'beyond the authority' or 'beyond one's powers.' The process of judicial review can be used to determine whether or not a minister or other government officer has acted ultra vires; that is, beyond the authority granted to them in law.
The importance of judicial review is that it allows for higher courts to clarify the meaning of the law as opposed to simply applying the letter of the law.
Under the European Communities Act 1972, the UK incorporated the Treaty of Rome into UK law. This gave European laws precedence over conflicting UK statutes. In the wake of the Factortame case (1990), UK courts were permitted to 'suspend' UK statutes that appeared to be in violation of EU law.
Where statute is silent or unclear, the courts can make use of the Human Rights Act by using its provisions to establish legal precedent in common law. In addition, we should remember that the HRA also has a hidden influence through the process by which draft legislation is now examined by parliament's Joint Committee on Human Rights in order to ensure that it is HRA-compatible.
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The UK Supreme Court's proorgation ruling, 24 September 2019
The Supreme Court argued that the use of the royal prerogative, in this case to prorogue parliament, must always respect the conventions of parliamentary sovereignty and democratic accountability.
Any prorogation that had 'the effect of frustrating or preventing, without reasonable justification, the ability of parliament to carry out its constitutional functions as a legislature' would therefore by unlawful.
The prorogation in question had an 'extreme effect on the fundamentals of democracy', coming as it did at such a crucial point in the Brexit process.
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