Please enable JavaScript.
Coggle requires JavaScript to display documents.
UK supreme court - Coggle Diagram
UK supreme court
role of the sc
ensure the rule of law is applied
that all citizens should be treated equally under the law
interpretation of the law
they set judicial precedents which is a principle that when a judge declares an important point of law that declaration must be followed by all other courts
conducting judicial reviews
citizens who feel they have been mistreated by a public body have an opportunity toseek a review by the courts where they will examine whether the citizens claims are justified
judges can investigate members of the executive and rule them 'ultra vires' as in acting beyond their powers
hearing cases
not all justices hear all cases as only it is a selection of 5
background
constitutional reform act 2005
established the supreme court in 2009
establishment on the sc
Lord Chancellor became the Lord chief justice who was a non-political figure
would be comprised of 12 senior judges known as justices
lord chancellor was no longer speaker of the HOL
key principles of the judiciary
independance
need to have no bias
how is independence of the judiciary maintained
security of tenure
judges cannot be removed based on decisions they make in court
rule of sub judice
it is a contempt of court for any servant of the gov to comment on a case or interfere in public or in parliament
independent appointments
judicial pay
salary of the judges is decided by an independent body
neutrality of the judiciary
judges must not let their personal beliefs influence their decision
how is neutrality of the judiciary maintained
rulings must be made on the basis of law
peer review
any judicial opinion can be appealed and reviewed by a higher court
restrictions on group membership
eg political parties
training and experience
all senior judges must have had a lengthy career as a lawyer
relationships
parliament and the sc
parliament remains sovereign and the judiciary is a subordinate body
judges may not go against parliament
they may pass an opinion on the law and recommend changes but that's it
example of parliament dominating the sc
sc ruled that the gov did not have power to freeze bank assets of terrorist subject later in 2010 the same year the terrorist asset-freezing act granting that power to the gov was made
the powers of the sc rest heavily in the Human rights act
supreme court and the executive
until the 1970's the judiciary was percieved as a largely conservative body
there has been a change in the relationship for many reasons
there has been a growth of judicial reviews since the 1960's
there has been a rise in the liberal ideology
there has been more appointments of liberal-minded judges
the passage of Human rights act
consitutioanl reform act 2005
composition of the sc
appointment process
a vacancy must occur either through someone stepping down or reaching the age of 70
the lord chancellor must convene a special commission
the commission will advertise the position and request written applications
the commission will consult with senior politicians and draw up a shortlist
the commission will carry out interviews on those candidates
they will produce a report with reccomendations
lord chancellor will reject or accept the reccomendations
pm submits name to monarch who must give formal approval
it is announced to the public