UK Supreme Court
- Created by: lilya
- Created on: 22-12-20 13:54
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- UK Supreme Court
- Role and composition
- Constitutional Reform Act 2005 = established S.C
- FUNCTIONS
- acts as final court of appeal in UK
- clarify meaning of law
- Appointments = carried out by JACs.
- Only 2 judges went to state school
- Key principles
- Rule of Law
- AV Dicey
- No punishment without trial
- No one is above law
- principles of constitution come from judges rather than parliamentary statute
- Judicial independence
- those in judiciary free from political control
- 'Security of tenure' : no limit to term
- Guaranteed salaries
- growing separation of powers
- Independent appointment system
- Judicial neutrality
- judges operate impartially
- relative anonymity
- restriction on political activity ; can't campaign
- legal justifications
- high level training
- Rule of Law
- Power of SC
- Judicial Review
- allows them to set precedent, and common law
- Grown as a result of EU and HRA
- Ultra vires = beyond powers
- EU Law and the SC
- Factortame Case = EU Court of Justice overruled UK fishing laws
- European Communties Act 1972
- Human Rights Act 1998
- Reilly vs Sec of State for Work and Pensions 2016 = article 4 slavery
- Has a 'persuasive authority'
- Judicial Review
- Role and composition
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