RELATIONSHIPS BETWEEN THE BRANCHES
The supreme Court and legislative/policy-making process
Relationship between executive and parliament
Impact of the membership of the EU on UK government
The debate over where sovereignty is located in the UK
SUPREME COURT AND LEGISLATIVE/POLICY-MAKING PROCESS
ROLE AND COMPOSITION OF THE SUPREME COURT
Composition- created by the Constitutional Reform Act- 2009
- Designed to end the fusion of powers at the highest level of the Uk judiciary
- Previous most senior judges → law lords
- Created for greater transparency and to bring the Uk in line with other Western
countries- highest court independent from parlt
- The act change the role of Lord chancellor who previously was Cabinet master for
the exec, Chairman for the lords and Head of judiciary for the judicial system → now
just cabinet minister
- Judges are now selected by an independent Judicial appointments Commission
Role
- Only UK-wide court because the UK does not have a single unified legal system
therefore the lower courts operate nationally within devolved countries → final court
of appeal
- Hears appeals on arguable points of law where matters of the wider public and
constitutional importance are involved
- Had a responsibility to interpret law passed by the EU
- Makes rulings on cases where the devolved authorities act ultra vires (beyond their
powers)
July 2016- SC overruled Scottish govts scheme to introduce ‘named person’
service which planned to appoint state guardians as responsible for children's
well-being because it was in conflict with article 8 of the hra as it would allow
public bodies to share personal information without consent
Appointment of SC members
- 12 members but cases are always heard by an odd number so that majority verdicts
can be reached
- Most senior figure is the president (Lord Phillips- 2009-2012, Lord Neuberger now)
, - Has only been one female justice, Lady Hale, the judiciary is majority ‘pale, male,
stale’- The Times
- Usually have served as a senior judge for 2 years or a qualified lawyer for at least 15
years
- Vacancies- nominations are made by the JAC and a member of each of the
equivalent bodies for Scotland and NI. Lord chancellor confirms or rejects the
nominee but cannot do this repeatedly. It is then confirmed by the PM and monarch.
KEY OPERATING PRINCIPLES
JUDICIAL NEUTRALITY-
- expectation that judges will exercise their functions without personal bias
CODE OF CONDUCT:
- Conflicts of interest: judges must refuse to sit in cases involving family members,
friends or professional associates
- Public activities: Judges may write and give lectures as part of their function of
educating the public- can involve themselves in charitable activities but must avoid
political activity. Can serve on any body that does not compromise political neutrality
HOW NEUTRAL IS THE SUPREME COURT?
- Disproportionately white, privately educated men
- Only one female member Radmacher v Granatino 2010- involving a prenuptial
agreement between spouses→ majority of justices said claims made in the
event of divorce should be limited → Lady Hale was the only one who voted
differently, because the vast majority who would lose out on this would be
women
- During Hale’s time all 13 justices sworn in were men, all were white, all but two were
educated at independent schools and all but two went to Oxbridge
- To be a judge in the Supreme Court you have to be very experienced → therefore
you would not have made it to the top if you had lots of bias since you aren't a good
judge
- SC is transparent in explaining its rulings- website carries full details of its decisions
and their reasoning, to allow for greater public scrutiny - Court welcomes visitors and
proceedings are televised
JUDICIAL INDEPENDENCE
- Judges must be free from political interference because of cases between state and
citizen
IN-BUILT GUARANTEES OF INDEPENDENCE
- Terms of employment: security of tenure- judges cannot be removed from office
unless they break the law → only limit is an official retirement age
The supreme Court and legislative/policy-making process
Relationship between executive and parliament
Impact of the membership of the EU on UK government
The debate over where sovereignty is located in the UK
SUPREME COURT AND LEGISLATIVE/POLICY-MAKING PROCESS
ROLE AND COMPOSITION OF THE SUPREME COURT
Composition- created by the Constitutional Reform Act- 2009
- Designed to end the fusion of powers at the highest level of the Uk judiciary
- Previous most senior judges → law lords
- Created for greater transparency and to bring the Uk in line with other Western
countries- highest court independent from parlt
- The act change the role of Lord chancellor who previously was Cabinet master for
the exec, Chairman for the lords and Head of judiciary for the judicial system → now
just cabinet minister
- Judges are now selected by an independent Judicial appointments Commission
Role
- Only UK-wide court because the UK does not have a single unified legal system
therefore the lower courts operate nationally within devolved countries → final court
of appeal
- Hears appeals on arguable points of law where matters of the wider public and
constitutional importance are involved
- Had a responsibility to interpret law passed by the EU
- Makes rulings on cases where the devolved authorities act ultra vires (beyond their
powers)
July 2016- SC overruled Scottish govts scheme to introduce ‘named person’
service which planned to appoint state guardians as responsible for children's
well-being because it was in conflict with article 8 of the hra as it would allow
public bodies to share personal information without consent
Appointment of SC members
- 12 members but cases are always heard by an odd number so that majority verdicts
can be reached
- Most senior figure is the president (Lord Phillips- 2009-2012, Lord Neuberger now)
, - Has only been one female justice, Lady Hale, the judiciary is majority ‘pale, male,
stale’- The Times
- Usually have served as a senior judge for 2 years or a qualified lawyer for at least 15
years
- Vacancies- nominations are made by the JAC and a member of each of the
equivalent bodies for Scotland and NI. Lord chancellor confirms or rejects the
nominee but cannot do this repeatedly. It is then confirmed by the PM and monarch.
KEY OPERATING PRINCIPLES
JUDICIAL NEUTRALITY-
- expectation that judges will exercise their functions without personal bias
CODE OF CONDUCT:
- Conflicts of interest: judges must refuse to sit in cases involving family members,
friends or professional associates
- Public activities: Judges may write and give lectures as part of their function of
educating the public- can involve themselves in charitable activities but must avoid
political activity. Can serve on any body that does not compromise political neutrality
HOW NEUTRAL IS THE SUPREME COURT?
- Disproportionately white, privately educated men
- Only one female member Radmacher v Granatino 2010- involving a prenuptial
agreement between spouses→ majority of justices said claims made in the
event of divorce should be limited → Lady Hale was the only one who voted
differently, because the vast majority who would lose out on this would be
women
- During Hale’s time all 13 justices sworn in were men, all were white, all but two were
educated at independent schools and all but two went to Oxbridge
- To be a judge in the Supreme Court you have to be very experienced → therefore
you would not have made it to the top if you had lots of bias since you aren't a good
judge
- SC is transparent in explaining its rulings- website carries full details of its decisions
and their reasoning, to allow for greater public scrutiny - Court welcomes visitors and
proceedings are televised
JUDICIAL INDEPENDENCE
- Judges must be free from political interference because of cases between state and
citizen
IN-BUILT GUARANTEES OF INDEPENDENCE
- Terms of employment: security of tenure- judges cannot be removed from office
unless they break the law → only limit is an official retirement age
