a level politics supreme court uk essay

Composition of the Judiciary

The UK court structure is as follows:

• Magistrates’- deals with criminal cases mostly
• County- deals with civil cases (e.g. landlord/tenant disputes)
• Crown- deals with more serious criminal cases (judge and jury sentencing)
• High- deals with more complicated civil cases (e.g. adoption, large compensation claims)
• Court of Appeal- hears appeals from civil and criminal cases
• Supreme- hears appeals from Court of Appeal
• European Court of Justice- hears cases involving EU laws which may have been broken
• European Court of Human Rights- deals specifically with human rights issues

The function of the judiciary is to interpret laws. Judges have a variety of roles, for example presiding over court proceedings to ensure fair trials, interpreting and applying the law (explaining what the law means and what is lawful), enforcing common law (by using previous judgements on similar cases as a guide), deciding on length of sentences, and chairing public inquiries (investigations into events). Senior judges are appointed through the 15-member Judicial Appointments Commission (created in 2005 by the Constitutional Reform Act), an independent body, although the Lord Chancellor formally approves appointments.

The Supreme Court

Role and structure.

The Supreme Court was established in the 2005 Constitutional Reform Act. The aim was to increase the independence of the judiciary from the government- previously, the highest court of appeal in the UK was the Law Lords, who were senior judges also members of the House of Lords. The role of the Lord Chancellor, a government position, was also amended by the Act. Previously, the Lord Chancellor was a cabinet minister (justice secretary), but also the head of the judiciary responsible for appointing judges. This second role was removed from the Lord Chancellor in 2005.

The Supreme Court was opened in 2009, and serves as the final court of appeal in the UK (including all of the regions of the UK). It hears appeals on points of law and matters of legal and constitutional importance. It can make decisions relating to whether government institutions have acted within their powers, including devolved bodies, and can use judicial review to assess whether the government has acted in accordance with existing law. An example of a case heard by the Supreme Court was in 2016-17, when Gina Miller, a businesswoman, argued that the Prime Minister did not have the right to trigger Article 50 (the formal notice of Britain’s exit from the EU) without the consultation of Parliament. The Court found in Miller’s favour, and Parliament voted to trigger Article 50 in 2017.

The Supreme Court is made up of 12 members. Cases are usually heard by 5-9 judges (depending on the importance of the case) and always an odd number so a majority verdict can be reached. The most senior judge is known as the President (for example, Lord Neuberger), and the majority of judges are white males, which has attracted criticism- in 2017 there was only one female judge on the court. The first members were the former Law Lords (who were removed from the House of Lords) and will usually have served as a senior judge for 2 years.

Appointments to the Supreme Court are made by an independent selection commission, who recommend a candidate who is then approved or rejected by the Lord Chancellor, who cannot indefinitely reject candidates.

Judicial neutrality: refers to the absence of any form of partisanship or politically biased judgements- a refusal to ‘take sides’ in cases. In reality, it is impossible to be politically ‘neutral’- so judges must not let their own views and beliefs affect their professional behaviour. In the Supreme Court, judges cannot sit in cases involving an associate or family member, and must avoid open political activity.

Criticisms have been made of the extent to which the Supreme Court is politically neutral. Due to their narrow background (white, male, privately-educated) judges have been argued to have a conservative bias, and possibly a bias against women, ethnic minorities and poorer people, as they are less likely to consider their needs and empathise with them. In 2015, Lady Hale (the only female judge) pointed out that since her appointment, 13 judges had been appointed, who were all male, all white, all bar two privately educated, and all bar two Oxbridge-educated. In addition, there has been a rise in judicial activism, especially relating to human rights and civil liberties case, where judges openly criticise the actions of government.

Judicial independence: this is the principle that the actions and decisions of judges should not be influenced by pressure from other branches of government. This is maintained in a few ways, for example:

• Judges are chosen by an independent commission, and only ‘signed off’ by the Lord Chancellor
• Once appointed, judges can’t be sacked unless they break the law, so they can’t be threatened with removal for making the ‘wrong’ decision
• Judges’ pay is decided by an independent pay review body, without interference from ministers
• The Supreme Court is physically separate from the government and legislature (unlike the previous Law Lords)

Criticisms have been make of the extent to which the judiciary is independent from political pressure. Concerns were raised by Lord Phillips in 2011 about the possible effects of spending cuts on the court system as part of wider ‘austerity’ policies. In addition, the Supreme Court was heavily criticised by some ministers (backed up by the right-wing press) following the ruling that Article 50 must be triggered by Parliament and not the government, possibly putting pressure on future decisions of judges. However, it remains to be seen whether public criticism of judge’s decisions will have much of an effect.

Judicial Influence on Government

Judicial review: this is the judiciary’s ability to review whether the actions of government are compatible with existing laws. This is often used in relation to human rights issues. If a court finds that a government action or law conflicts with the principles of the Human Rights Act, it issues a ‘declaration of incompatibility’. Following this, the government is expected to modify their action or legislation. The same is true for EU laws, although in both of these examples the court cannot compel a government to act. The court may decide through judicial review that a government minister or institution has acted beyond the remit of their power- this is known as ‘ultra vires’ (‘beyond the power’). For example, in 2010 the court ruled that the government had not acted lawfully when insisting that convicted sex offenders should be registered with the police for life. This breached the offenders’ human rights, so instead they should be given the right to appeal against the registration after 15 years since leaving prison. Sometimes, the court finds in the government’s favour. For example, in 2014, the court dismissed an appeal by campaigners against the construction of the HS2 high-speed rail link from London to Birmingham, on the grounds that Parliament had not reached a final decision on the project.

Is the Supreme Court and judiciary influential, and does it effectively challenge the government?

Arguments in favour include:

• The Supreme Court’s position as ‘final court of appeal’ means they only deal with the most significant matters
• Declarations of incompatibility puts pressure on the government to act
• The increasing degree of judicial activism reflects an increasing willingness to challenge government
• The judiciary’s independence makes it hard for the government to control (for example, the appointments, pay and security of tenure)
• The introduction of the Human Rights Act makes it more possible for the court to uphold liberties and challenge government

Arguments against include:

• Judges are bound by the law passed by Parliament- they cannot make law themselves. The government could use Parliament to change law to suit its own needs/actions
• A declaration of incompatibility cannot be used to strike down a law, just recommend that it be changed
• The courts cannot be proactive- they must wait for cases to come to them
• There have been concerns raised over the extent to which the judiciary is neutral and independent (e.g. the narrow social background, the fact that the Lord Chancellor still has some say in appointments)
• The Human Rights Act is not fully entrenched, so could be set aside by governments

Live revision! Join us for our free exam revision livestreams Watch now →

Reference Library

Collections

• See what's new
• All Resources
• Student Resources
• Assessment Resources
• Teaching Resources
• CPD Courses
• Livestreams

Study notes, videos, interactive activities and more!

Politics news, insights and enrichment

Currated collections of free resources

Browse resources by topic

• All Politics Resources

Resource Selections

Currated lists of resources

Supreme Court (UK Politics)

The Supreme Court is the final court of appeal for all United Kingdom civil cases, and criminal cases from England, Wales and Northern Ireland. It hears appeals on arguable points of law of general public importance and concentrates on cases of the greatest public and constitutional importance.

• Share on Facebook
• Share on Twitter
• Share by Email

Constitutional Reform Act 2005

Study Notes

Historical Development of the UK Constitution

Topic Videos

A Level Politics: Study Note Listing - UK Government

Example Essay: discuss the extent to which UK constitutional reforms introduced from 1997 have been important

4th May 2016

Our subjects

• › Criminology
• › Economics
• › Geography
• › Health & Social Care
• › Psychology
• › Sociology
• › Teaching & learning resources
• › Student revision workshops
• › Online student courses
• › CPD for teachers
• › Livestreams
• › Teaching jobs

Boston House, 214 High Street, Boston Spa, West Yorkshire, LS23 6AD Tel: 01937 848885

• › Contact us
• › Terms of use
• › Privacy & cookies

© 2002-2024 Tutor2u Limited. Company Reg no: 04489574. VAT reg no 816865400.

• International
• Schools directory
• Resources Jobs Schools directory News Search

EDEXCEL A LEVEL POLITICS (Full A * Essay): Supreme Court

Subject: Government and politics

Age range: 16+

Resource type: Assessment and revision

Last updated

20 June 2020

• Share through email
• Share through twitter
• Share through linkedin
• Share through facebook
• Share through pinterest

A* level essay for the study of Edexcel/Pearson A level Government and Politics, as well as the A level course for other exam boards. Essay written by myself - particularly useful for those aiming for the highest grades, and looking for an example of how to structure an essay. If you are looking for more resources like this, feel free to have a look on my shop :)

Tes paid licence How can I reuse this?

Your rating is required to reflect your happiness.

It's good to leave some feedback.

Something went wrong, please try again later.

This resource hasn't been reviewed yet

To ensure quality for our reviews, only customers who have purchased this resource can review it

Report this resource to let us know if it violates our terms and conditions. Our customer service team will review your report and will be in touch.

Not quite what you were looking for? Search by keyword to find the right resource:

General election latest: Starmer gives blunt response on potentially rejoining EU - as police drop investigation into his deputy

Greater Manchester Police will take no further action after an investigation into Labour's Angela Rayner. Meanwhile, Rishi Sunak continues to sing the virtues of his national service policy proposal.

Wednesday 29 May 2024 00:47, UK

• General Election 2024

Please use Chrome browser for a more accessible video player

Election news

• Abbott given back Labour whip
• Police drop Rayner investigation | Labour deputy hits out at Tories
• Explained: What Starmer's deputy was being investigated for
• Starmer: 'No case' for rejoining EU | Reeves won't rule out tax rises
• Daily Podcast: How long will Labour's promise on taxes last?
• Live reporting by Faith Ridler  and (earlier)  Ben Bloch

Expert analysis

• Gurpreet Narwan: Farage already has eyes on elections to come
• Adam Boulton: What makes this election particularly exciting
• Sam Coates: Labour could have difficult decisions to make

Election essentials

• Trackers: Who's leading polls? | Is PM keeping promises?
• Campaign Heritage: Memorable moments from elections gone by
• Follow Sky's politics podcasts: Electoral Dysfunction | Politics At Jack And Sam's
• Read more: What happens next? | Which MPs are standing down? | Key seats to watch | How to register to vote | What counts as voter ID? | Check if your constituency's changing | Sky's coverage plans

Thanks for joining us as the general election campaign kicked into full swing - with just over a month to go until Britons head to the polls on 4 July.

You can catch up with the latest in our 10pm bulletin - or click here .

We'll be back in the morning with live updates.

Iain Dale, the LBC radio presenter, has announced he is quitting to run as a candidate in the general election on 4 July.

Sky News understands Dale will be trying to become the Tory candidate in Tunbridge Wells

Dale, 61, previously tried to enter parliament at the 2005 election but lost in Norfolk North.

He announced his decision live on LBC on Tuesday evening, saying: "I am putting my hat in the ring again to be a candidate at the general election.

"Whatever the result, I feel I can play a role in restoring trust and honesty in politics.

"There are no guarantees I will be selected, let alone elected, but I know that I would forever kick myself if I didn't at least have a go."

With the general election campaign officially under way, what better time to keep a close eye on the latest polling?

The Sky News live poll tracker - collated and updated by our Data and Forensics team - aggregates various surveys to indicate how voters feel about the different political parties.

See the latest update below - and you can read more about the methodology behind the tracker  here .

In her first major campaign speech, Rachel Reeves has pitched herself as the UK's next chancellor to an audience of company bosses, promising the "most pro-growth Treasury in our country's history" if Labour wins the election. 

 But after pledging not to announce any new tax hikes and that Labour policies would be fully funded and costed, how she intends to pay for Labour's plan for the UK remains unclear. 

Today on the Sky News Daily, Sophy Ridge speaks with our deputy political editor Sam Coates to discuss the woman hoping to be in charge of the public finances, and whether Labour will be able to please workers and businesses while delivering on a promise of "economic stability" at the same time.  

It's 10pm - here's your late night run-down.

We're still in the early days of the election campaign, but there has been plenty of divisive policy announcements, clashes and political stunts making a splash here in the Politics Hub.

Let us get you up to speed on everything you may have missed...

• Diane Abbott, the MP for Hackney North and Stoke Newington, has been handed back the Labour whip today, Sky News understands;
• She was suspended by the party more than a year ago after suggesting Jewish people did not experience racism, but rather prejudice similar to red heads. The MP swiftly apologised and withdrew her remarks;
• The Tories have lost a key attack line after news that Labour's deputy leader  Angela Rayner  will face no further action in an investigation over her living arrangements;
• The Labour frontbencher criticised the Tories for "reporting political opponents to the police during election campaigns to distract from their dire record". As a reminder, the investigation was launched after Tory MP James Daly complained about her to police;
• Rishi Sunak  was in the East Midlands, where he defended a Conservative plan to introduce the "triple lock plus". This will essentially result in a tax cut for pensioners by raising their tax-free allowance by either average earnings, inflation or by 2.5% - whichever is higher;
• However, it should be noted it was the decision of a previous Tory government to freeze income tax thresholds, bringing more people into paying the tax, including on income from pensions;
• Labour have been busy outlining their economic plans, but challenged by our deputy political editor Sam Coates , would-be chancellor Rachel Reeves refused to rule out further tax rises if Labour finds a black hole in the public finances;
• Meanwhile, over in the Liberal Democrat camp, the party's leader Sir Ed Davey fell off a paddleboard numerous times in Windermere today - but has admitted one of the plunges was intentional.

If you've got a bit more time on your hands, you can read more of some of the stories above in greater detail:

Stick with us for all the latest throughout the evening.

Sir Keir Starmer has pledged cut NHS waiting lists from day one, telling hospitals to immediately establish new clinics on evenings and weekends.

The Labour leader has pledged that 40,000 appointments per week will be rapidly rolled out, by sending staff from Guy's and St Thomas's NHS Foundation Trust to help set up high intensity schemes.

These teams have already "proven they can get their high intensity theatre lists on weekends up and running within six weeks", Labour said.

Sir Keir added: "It was NHS staff working in the hospital I can see from my office in parliament who led the way on this new model.

"Labour will take the best of the NHS to the rest of the NHS, so patients in every part of the country can be treated on time. 

"The NHS is personal to me. It runs through my family. 

"That's why I'm utterly committed to reforming this service, getting the NHS back on its feet, and making it fit for the future."

After a bumpy start to the Tory election campaign, day six has been somewhat smoother for Rishi Sunak.

That's not to say the Conservative election machine isn't on the lookout for potential missteps though.

During a TV interview in the changing room of a bowls club in Leicestershire, a hat was strategically placed to cover a name tag adorned with the blush-worthy surname "Glasscock".

While at a homeware factory in Staffordshire, a Tory aide spotted and swiftly removed a can of Monster energy drink from a worktop where the prime minister was about to inspect some ceramics.

Amid a slanging match over leaders taking 'duvet days' early in the campaign, a photo of the Tory leader next to a giant caffeine-stuffed beverage is probably not the message the party wants to send out.

You can read more from Sky News below:

What are the rules on voter ID?  How does tactical voting work? In what different ways can you cast your ballot?

The countdown to the election is on - and already the amount of information can seem overwhelming. 

We cut through the noise to bring you what you need to know, from registering to vote, to election day and what happens next.

Read on here...

We're still very much in the early days of the election campaign - but policy announcements are coming in thick and fast from the main two parties.

Here's a breakdown of what we've heard so far...

The Conservative Party

National service - The Conservatives have vowed to bring back a "modern" form of national service for 18-year-olds in the UK, which could involve military service of volunteer work.

'Triple lock plus' -   The party has promised to cut taxes for pensioners by creating a new "age-related" tax-free allowance - dubbed "triple lock plus". In short, a pensioner's allowance would rise in line with either average earnings, inflation or by 2.5% - whichever is higher - from next April.

Education - The Tories have promised to create a new qualification framework called the Advanced British Standard for those aged 16 to 18. The party also proposed making "some form" of maths and English compulsory up to the end of school.

Environment - Rishi Sunak has said he remains committed to plans to reach net zero by 2050, a goal adopted under Theresa May in 2019.

The Labour Party

Taxation - Labour has pledged not to reverse the two recent cuts to national insurance - and not to increase income tax. 

Economy - Two flagship economic pledges from Labour are the abolition of the non-dom tax status held by some wealthy foreign nationals, and the introduction of VAT to private school fees.

Waiting lists - The party has said it will get the NHS "back on its feet" by delivering 40,000 more evening and weekend appointments per week.

Environment - A major policy pushed by Labour is the formation of Great British Energy, which would be publicly owned. The party claims this would reduce household energy bills and create jobs.

Education - Also a headline policy from Labour is a plan to recruit around 6,500 new teachers in key subjects - and create a "national excellence programme" to support professional development.

Until voters go to the polls on 4 July, the Politics Hub will be looking back at some memorable moments from previous general election campaigns.

The big winner from the UK's first ever TV prime ministerial debate in 2010 wasn't primary contenders David Cameron and Gordon Brown.

No, it was Nick Clegg.

As the Tory and Labour leaders looked to take chunks out of one another, they saved their more conciliatory side for the insurgent Lib Dem.

He could do no wrong that night, with Messrs Cameron and Brown both finding it completely irresistible not to simply "agree with Nick".

Cleggmania took him all the way into Number 10 as part of the coalition, where he stayed until his party was turfed out by voters in 2015.

Previous entry: The Prescott punch

Be the first to get Breaking News

Install the Sky News app for free

A-Z Databases

Find the best library databases for your research

The Politics Shed- A Free Text Book for all students of Politics.

Government & Politics  A and AS Level

Contents   - All courses

Edexcel A Level & AS Level

AQA A Level 

Essays, Exams and Advice.  

Video & podcast lessons  , headlines, examples and links., click to open.

December 2023. Rwanda government threatens to pull out of the deal if it does not adhere to international law. Link: International agreements, human rights law, role of media.  

 December 2023 Robert Jenrick  resigns after the publication of the emergency legislation that will disapply sections of the Human Rights Act  responsibility, ministerial responsibility, power of PM vs Cabinet, 

 December 2023 The government will disapply sections of the Human Rights Act from its emergency Rwanda legalisation . Link: Human Rights in the UK, Sovereignty of Parliament       The location of sovereignty in the UK  

December 2023 . Rishi Sunak suffers his FIRST Commons defeat as PM over the infected blood scandal 246 to 242 in favour of a new body to help compensate - government majority wiped out  Win for Labour, forcing him into a £20 billion spending commitment this year Link Role of backbenchers , power of PM

December 5th 2023 Senate confirms more than 400 military promotions after @SenTuberville (R-AL) dropped his months long blockade of the nominations, which he held up in protest of the Pentagon's abortion policies. Link: Party factions , abortion, Congress partisanship The powers of the  Senate  

Case Study: Rwanda Bill and Conservative Party Factions December 2023

 13 December 2023 The Republican-led US House of Representatives has formally backed an impeachment inquiry into President Joe Biden.

Lawmakers voted 221 to 212 - entirely along party lines - on Wednesday to authorise a resolution that accuses the president of bribery, corruption and influence-peddling off his "brand".

link: Congress partisanship , The Impeachment of Trump , Is Congress the broken Branch?  

Supreme Court to rule if Trump can run for president Jan 5th 2024

The Supreme Court and Public Policy

  2023 Is Barbie a feminist movie?   link Feminism  

On 14 December 2023 the House of Commons Committee on Standards published a report on Scott Benton, the MP for Blackpool South.   Recall of MPs Act 2015 Parliamentary Standards  

January 2024 Case study Mr Bates v The Post Office   Link Voting behaviour and the Media P arliamentary Sovereignty  

January 2024: Voting intentions tracker 2024

Rwanda Bill: Lords effectiveness ,Constitutional Reform Elective Dictatorship.

Feb 2024 Wellingborough  by-election was won by Gen Kitchen of the Labour Party. It was the biggest swing from the Conservatives to Labour since the 1994 Dudley West by-election and the second biggest since the Second World War. Recall of MPs Act 2015     Scott Benton: Lobbying scandal MP loses suspension appeal  

Reform UK celebrates best-ever by-election result as Wellingborough candidate says the Tories 'need to go'     Minor Parties

The popular conservatives (lol):   launched by liz truss and jacob rees mogg in february 2024.  the message was social conservatism (anti-woke) and libertarian economics- with the view that the conservative party was no longer conservative. conservative party factions  .

 April 2024 Trump claims presidential immunity. Presidential power & supreme Court neutrality. Case study Trump & the Supreme Court Unitary Executive Theory  

MPs reject Lords amendments to Rwanda bill April 2024 :

Link: the evolving house of lords house of lords reform  .

Elections Act 2022 Local government elections will use the new ID laws in May- link to the democratic deficit -powers of Parliament to change voting rights

Impeachment of AlejandroMayorkas links: Republican partisanship  , 'Congress has become the least powerful branch of government' Discuss Is Congress the broken Branch?  

Useful A-level textbooks

● Lynch, P., Fairclough, P. and Cooper, T. (2017) UK Government and Politics for AS/A-level, 5th edn, Hodder Education.

● McNaughton, N. (2017) Edexcel UK Government and Politics for AS/A-level, 5th edn, Hodder Education.

● Heywood, A. (2017) Essentials of UK Politics, 4th edn, Palgrave.

● Goodlad, G. and Mitchell, A. (2017) Edexcel GCE Politics AS and A-Level,Pearson Education.

● McNaughton, N. and Kelly, R. (2017) Political Ideas for A-level: Liberalism,

Conservatism, Socialism, Feminism, Anarchism, Hodder Education.

Conservatism, Socialism, Nationalism, Multiculturalism and Ecologism, Hodder Education.

● Bennett, A. (2017) US Government and Politics for A-level, 5th edn, Hodder Education.

● Murphy, R., Jefferies, J. and Gadsby, J. (2017) Global Politics for A-level, Hodder Education.

Essay Competitions

R.A. Butler Politics Prize — an essay competition by Trinity College, Cambridge with a choice of ten questions:

www.trin.cam.ac.uk/undergraduate/essay-prizes/

History of Parliament Competition — an essay competition in which you can write on any topic of your choosing relating to parliamentary or political history:

www.historyofparliamentonline.org/schools

➜ Robson History Prize — an history-based essay competition from Trinity College, Cambridge. There is choice of around 90 questions, many of which are politically themed:

➜ John Locke Institute Essay Competition — an essay competition with titles on politics, history, philosophy, law and economics to choose from:

www.johnlockeinstitute.com

➜ The Orwell Youth Prize — a writing competition that encourages entries in differing styles of writing (not just essays) on political themes:

www.orwellfoundation.com/the-orwell-youth-prize/

AP US Government and Politics   (in progress)