Advisory Jurisdiction of Supreme Court

Advisory Jurisdiction of Supreme Court

The Advisory Jurisdiction of the Supreme Court is a power that allows the government to ask the Supreme Court for an opinion on a point of law. The Supreme Court is not bound to follow its own advice, but it rarely does not.

The Advisory Jurisdiction was established by the Judicial Committee Act 1833. The Act allowed the Judicial Committee of the Privy Council, which was then the highest court in the United Kingdom, to give advisory opinions on points of law to the government. The Advisory Jurisdiction was transferred to the Supreme Court when it was created in 2009.

The Advisory Jurisdiction is used relatively rarely. In the past 10 years, the Supreme Court has only given advisory opinions on 12 occasions. However, the Advisory Jurisdiction can be an important tool for the government. It allows the government to get an authoritative interpretation of the law before making a decision. This can help to avoid costly and time-consuming litigation.

The Advisory Jurisdiction is also important for the Supreme Court itself. It allows the Court to develop its jurisprudence and to clarify the law. This can be helpful for lower courts and for lawyers who are trying to understand the law.

Frequently Asked Questions

What is the Advisory Jurisdiction of the Supreme Court?

The Advisory Jurisdiction is a power that allows the government to ask the Supreme Court for an opinion on a point of law. The Supreme Court is not bound to follow its own advice, but it rarely does not.

When was the Advisory Jurisdiction established?

The Advisory Jurisdiction was established by the Judicial Committee Act 1833. The Act allowed the Judicial Committee of the Privy Council, which was then the highest court in the United Kingdom, to give advisory opinions on points of law to the government. The Advisory Jurisdiction was transferred to the Supreme Court when it was created in 2009.

How often is the Advisory Jurisdiction used?

The Advisory Jurisdiction is used relatively rarely. In the past 10 years, the Supreme Court has only given advisory opinions on 12 occasions.

What are the benefits of the Advisory Jurisdiction?

The Advisory Jurisdiction can be an important tool for the government. It allows the government to get an authoritative interpretation of the law before making a decision. This can help to avoid costly and time-consuming litigation. The Advisory Jurisdiction is also important for the Supreme Court itself. It allows the Court to develop its jurisprudence and to clarify the law. This can be helpful for lower courts and for lawyers who are trying to understand the law.

What are the drawbacks of the Advisory Jurisdiction?

One drawback of the Advisory Jurisdiction is that it can be seen as a way for the government to get around the normal judicial process. Another drawback is that it can be difficult for the Supreme Court to give an authoritative opinion on a point of law without having all the facts of a particular case.

What is the future of the Advisory Jurisdiction?

The future of the Advisory Jurisdiction is uncertain. The Supreme Court has said that it is willing to continue to give advisory opinions, but it has also said that it will only do so in cases where it is clear that the government needs its help. It is possible that the Advisory Jurisdiction will become less important in the future as the government becomes more confident in its own ability to interpret the law.

MCQs

1. The Advisory Jurisdiction of the Supreme Court is a power that allows the government to:
   (a) Ask the Supreme Court to give an opinion on a point of law.
   (b) Ask the Supreme Court to decide a case.
   (c) Ask the Supreme Court to review a decision of a lower court.
   (d) None of the above.

2. The Advisory Jurisdiction was established by:
   (a) The Judicial Committee Act 1833.
   (b) The Supreme Court Act 2009.
   (c) The Constitutional Reform Act 2005.
   (d) None of the above.

3. The Advisory Jurisdiction is used relatively:
   (a) Frequently.
   (b) Infrequently.
   (c) Never.
   (d) Sometimes.

4. The Advisory Jurisdiction can be an important tool for the government because it allows the government to:
   (a) Get an authoritative interpretation of the law before making a decision.
   (b) Avoid costly and time-consuming litigation.
   (c) Develop its jurisprudence and to clarify the law.
   (d) All of the above.

5. The future of the Advisory Jurisdiction is:
   (a) Certain.
   (b) Uncertain.
   (c) Unknown.
   (d) None of the above.