Podcast
Questions and Answers
What did the Constitutional Reform Act 2005 primarily achieve regarding the Supreme Court?
What did the Constitutional Reform Act 2005 primarily achieve regarding the Supreme Court?
How has increased diversity within the Supreme Court been perceived?
How has increased diversity within the Supreme Court been perceived?
What threat does increased judicial activism pose to the Supreme Court?
What threat does increased judicial activism pose to the Supreme Court?
Which of the following is considered a challenge to the Supreme Court's neutrality?
Which of the following is considered a challenge to the Supreme Court's neutrality?
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What concern is raised about the Supreme Court's increasing engagement in political cases?
What concern is raised about the Supreme Court's increasing engagement in political cases?
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Prior to 2009, what issue was identified regarding the structure of the judiciary?
Prior to 2009, what issue was identified regarding the structure of the judiciary?
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What is one argument against the judicial independence of the Supreme Court?
What is one argument against the judicial independence of the Supreme Court?
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Which factor is noted as a reason for the Supreme Court's strengthened principle of independence?
Which factor is noted as a reason for the Supreme Court's strengthened principle of independence?
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Study Notes
Judicial Independence in the UK
- The Constitutional Reform Act (CRA) 2005 created a strict separation of powers, establishing the Supreme Court and an independent appointments process.
- This aimed to strengthen judicial independence, but pre-2009, issues like the Lord Chancellor's role, judicial appointments, and the highest court's location (House of Lords) were seen as threats
- Pre-2009, judicial independence wasn't deemed sufficient
- The Supreme Court is becoming more diverse, suggesting neutrality
- However, criticism exists about the Court's lack of social diversity, implying potential bias
Supreme Court Role and Politics
- Ministers are committed to judicial independence, but the judiciary needs to be aware of its limitations in policy.
- The Supreme Court is taking on more constitutional roles and rights cases, as influenced by the Human Rights Act (HRA) and reforms.
- Parliament's acts and elected judges ensure sufficient judicial independence.
- Increased willingness of Ministers to criticize the court poses a threat to the concept.
- The judiciary is taking on more politically active roles and taking on many rights and constitutional cases.
Judicial Activism
- The willingness (Cherry/Miller cases) of Ministers to criticize the court and take on increasing judicial activism raises concerns regarding separation of powers and political involvement.
- This is a risk to judicial independence as the executive is openly criticizing the judicial branch for taking politically charged cases.
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Description
Explore the intricacies of judicial independence in the UK, particularly after the Constitutional Reform Act of 2005. Understand key developments concerning the Supreme Court, its independence, and the ongoing debates surrounding diversity and judicial roles in a changing political landscape.
