Relations between branches

Question 1

what was the old system like before the supreme court

Answer 1

• 12 Lords of Appeal in ordinary (Law Lords)
• Lord chancellor was the head of them who was the speaker of the house, a cabinet minister and head of the judiciary (part of all three branches so far from independent)
• The Lord chancellor advised the gov on legal policy, appointments of senior judges and deciding which of the Law Lords should hear each appeal case
• normally 5 would hear a case
• PM would have the final say in appointments

Question 2

what has changed?

Answer 2

• Lord CHancellor no longer head of judiciary now it is the Lord chief justice who is a senior judge and non-political
• The position of Lord Chancellor still exists but is now combined with the position of Justice Secretary and is no longer an active member of the judiciary
• no longer is the speaker of the House of Lords and is no longer on the Lords
• judges have security of tenure and salary

Question 3

how many justices are on the supreme court

Answer 3

12

Question 4

what happens when there is a vacancy in the supreme court?

Answer 4

• a special selection commission was established, comprised of a number of senior law officers from the whole of the UK
• the commission recommends a candidate to the Lord Chancellor

Question 5

when can a supreme court judge be removed?

Answer 5

• can only be removed by a vote in both houses and only for misconduct, not as a result of their decisions

Question 6

what is the role of the supreme court?

Answer 6

• ensuring the rule of law is applied
• interpretation of the law
• conducting judicial review
• hearing cases

Question 7

what does Ultra Vires mean?

Answer 7

an action that is taken without legal authority when it requires it

Question 8

Miller Vs Secretary of State for Exiting the EU (2016)

Answer 8

• decision over whether David Davis had the prerogative power to trigger Article 50
• her argument was that parliament is sovereign which stands above the claimed prerogative power
• high court ruled in favour of her and the supreme court upheld this

Question 9

How has judicial review been applied in the UK?

Answer 9

Acting Ultra Vires:
- Miller vs PM 2019

Reviewing the legality of legislation:
- Steinfeld and Keiden v Secretary of State for International Development 2018

Establishing legal precedent:
An NHS trust vs Y 2018

Question 10

what is the age at which a judge must retire?

Answer 10

70

Question 11

what are the requirements to become a supreme court judge?

Answer 11

• must have held high judicial office for at least two years
  or
• been a qualified practitioner for at least 15 years

Question 12

How is independence of the judiciary maintained?

Answer 12

• security of tenure
• the rule of sub judice
• Independent appointments
• Judicial pay