Make
Up Of The Supreme Court:
Justice &
Position
|
Birth Date
|
School Type &
Name Of Uni
|
Lady Hale
President
Of The Supreme Court
|
31/01/45
|
Independent, Cambridge
|
Lord Mance
Deputy
President Of The Supreme Court
|
6/01/43
|
Independent, Oxford
|
Lord Kerr Of
Tonaghmore
Justice
Of The Supreme Court
|
22/02/48
|
State Grammar, Queen’s
University, Belfast
|
Lord Wilson Of
Culworth
Justice
Of The Supreme Court
|
09/05/45
|
Independent, Oxford
|
Lord Sumption
Justice
Of The Supreme Court
|
09/12/48
|
Independent, Oxford
|
Lord Reed
Justice
Of The Supreme Court
|
07/19/56
|
Independent, Oxford
|
Lord Carnwarth Of
Notting Hill
Justice
Of The Supreme Court
|
15/03/45
|
Independent, Cambridge
|
Lord Hughes of
Ombersley
Justice
Of The Supreme Court
|
11/08/48
|
Independent, Durham
|
Lord Hodge
Justice
Of The Supreme Court
|
19/05/53
|
Independent, Cambridge
|
Lady Black
Justice
Of The Supreme Court
|
01/06/54
|
Independent, Durham
|
Lord Lloyd-Jones
Justice
Of The Supreme Court
|
31/01/52
|
Independent, Cambridge
|
Lord Briggs
Justice
Of The Supreme Court
|
23/12/54
|
Independent, Oxford
|
Explain The Jogee Case
And What Was It’s Significance:
Paul
was stabbed by Hrisi, Jogee was with Paul when he was called. Jogee
went to prison even though he didn’t pull the trigger – he was
just present at the scene when it happened.
It
was significant because a new precedent had been set, another case
that had walked free after a judge ruled that they are no longer had
any case to answer.
Some
argued that the Supreme Court had in effect changed the law rather
than applying it.
What
Is The Supreme Court In Terms Of The UK:
The
highest court of appeal in the UK, from Scotland, Wales, Ireland and
England.
To
clarify the meaning of the law by hearing appeals in cases where
there is uncertainty.
Concerns
From The Supreme Court Under CRA 2005:
Separation
of power in the upper chamber of the legislature
How
law lords were appointed
Confusion
over the work of law lords especially to be able to distinguish
between the HOL and the legislature and judicial functions
What
Did The CRA (Constitutional Reform Act) 2005 Do:
Reduced
the role of Lord Chancellor and placed senior judicial appointments
into the hands of the new independent Judicial Appointments
Commission
Wanted
to enhance the separation of powers
To
create a judiciary that was more representative.
How
Are Supreme Court Justices Appointed:
Traditionally
appointed by the Monarch on advice of the PM and Lord Chancellor
Lord
Chancellor would consult senior judges through a process known as
‘secret surroundings’
This
system lacked transparency, undermined the separation of powers and
meant that the judiciary was from a narrow social circle.
From
Oct 2009, law lords were banned from sitting and voting in the Upper
Chamber under the CRA, they were also not appointed to the peerage.
In
order to be considered, candidates must hold high judicial office
for at least 2 years
Vacancies
are filled by an ad hoc selection, the CRA states that there should
be 5 members: President, Deputy, JAC, Scotland and NI.
Ministers
are used but input from them has been greatly reduced as they are
told not to keep on rejecting names
Composition
Of The Supreme Court:
Hard
to expect it to be socially representative due to the means of which
you get the job and the importance of the role
This
means that there have been cases where the court is called elitist.
This
has not been dispelled by the recent appointments to the court
Key
Doctrines & Principles:
Dicy’s
Strands Of The Rule Of Law:
No
One Can Be Punished Without Trial: A good theory but not always used
e.g with terrorists this is not used including indefinite detention
and the freezing of assets
No
One Is Above The Law and all are subject to the same justice: This
is true in a liberal democracy but in the UK there are people above
the law such as the Queen and MPs. Some MPs have tried to use
Parliamentary Privilege to cover the 2009 expenses scandal.
Principles
of The Constitution Result From Judges Decisions Rather Than
Parliamentary Statute: Judges have a role to play in the
constitution but statute law reigns supreme. A legal precedent can
be overturned by an act of Parliament.
Distinguish
Between Judicial Independence And Judicial Neutrality:
Rule
of la states that judges should operate with independence and be
neutral
Independence
is under threat from neutrality because judges are compromised if
they are subject to extreme control.
Independence
does not mean neutrality as personal views may influence justice is
given
Judicial Independence
|
Judicial Neutrality
|
| Principle that judiciary
should be free from political control |
Where judges operate
without bias in their administration of justice |
| This allows judges to ‘do
the right thing’ and apply justice properly without fear of
consequences |
An essential requirement by
the rule of law |
How
Is Judicial Independence Maintained:
Security
Of Tenure Enjoyed By Judges: Judges are appointed by an open-end
term but they must retire once they are 75. Politicians cannot seek
to bring down a judge by threatening to sack them. Can be removed by
impeachment but this requires a vote in both houses.
Guaranteed
Salaries Paid From Consolidated Fund: Salaries are classed as
‘standing services’ and are always paid so politicians are
unable to manipulate judges by controlling them over a salary.
Independent
Appointment System: CRA meant that JAC was made (Judicial
Appointment Commission). Brought transparency and addressed concerns
that the system in place was open to bais.
Training
And Experience Of Senior Judges: Senior judges start on an
apprenticeship, they have achieved status in doing this. Unlikely to
deter public opinions so they don’t compromise invite integrity.
How
Is Judicial Neutrality Guaranteed:
Impossible
since judges are human and will follow personal bias sometimes
Relative
Anonymity Of Senior Judges: Judges operate away from the public eye,
rarely speaking out on the issues of the law. Still expected to
avoid being drawn into the open defence of there ruling.
Restriction
On Political activity Judges are not meant to be campaigning on
behalf of a party, they still vote but their political views do not
become a record for the public
Legal
Justifications Of Judgements: Senior judges are expected to state
how they have reached their outcomes. Requirements mean that
personal bias is less likely to be used.
High
Level Of Training: It is a highly trained job with many working
there a way to the top so bias should be removed. Still, have to
remove bias, training can be given to allow this to happen. Some
judges are told to sit out whilst there performance is managed.
