Judiciary

• What is one of the roles of judges in the legal system?

  Statutory interpretation
• What is one of the roles of judges in the legal system?

  Producing a judgement
• What is one of the roles of judges?

  Instructing and advising a jury
• What do judges instruct in the courtroom?

  Defendants, claimants, and any other observers
• What do judges impose and award?

  Sentences and remedies
• What type of management do judges perform, as per Lord Woolf's reforms?

  Case management
• Why is judicial independence a fundamental principle?

  It upholds the rule of law
• How do judges control the exercise of power by the state?

  Through judicial review
• Which act grants judges power through judicial review?

  Human Rights Act 1998
• What is the power to issue Section 4 declarations of incompatibility?

  A power of judges
• In which case was the power to issue Section 4 declarations of incompatibility demonstrated?

  A and X and others v Secretary of State
• Why is a judge free from litigation?

  To protect the legal system
• Why is a judge free from litigation?

  To uphold their independence
• What are judges immune from being prosecuted for?

  Carrying out their judicial functions
• What are judges immune from being sued for?

  Defamation
• What are judges immune from being sued for?

  As a result of their decisions
• When can judges face action?

  Acting outside their judicial capacity
• When can judges face action?

  Knowingly acting without jurisdiction
• Why is judicial independence of paramount importance?

  It is a necessary condition of impartiality
• Why is judicial independence of paramount importance?

  It is a necessary condition of a fair trial
• What characteristics should judges have?

  • Be independent from the Executive, interest groups, and litigants
  • Have an independent pay review
  • Have no other paid appointment, profession, or business
  • Not sit on a case in which they have or appear to have personal interest/bias
• What position did Lord Hoffmann hold that caused bias?

  Director for Amnesty International
• What was Amnesty International's position in the Pinochet case?

  Wanted Pinochet to be deported to face charges
• In which case was Lord Hoffmann biased?

  Re Pinochet Ugarte (1999)
• What is the result of the bias shown by Lord Hoffman?

  Could not be considered impartial
• Ideally, what are judges?

  Independent arbitrators of the law
• What are judges subordinate to?

  The will of Parliament
• What has been seen to be shown by judges?

  Political bias
• In which case have judges been seen to show political bias?

  McIlkenny v Chief Constable of the West Midlands (1980)
• In which case have judges been seen to show political bias?

  R v Ponting (1985)
• What political leaning do some cases tend to show bias towards?

  Right wing of the political spectrum
• Which case shows a bias towards the right wing?

  Bromley London Borough Council v Greater London Council (1982)
• Which case shows a bias towards the right wing?

  Council of Civil Service Union v Minister for the Civil Service (1984)
• Which case shows a bias towards the right wing?

  Thomas v NUM (1985)
• In what cases are some judges' attitudes of particular concern?

  In cases involving a sexual offence such as rape
• Who is the Head of the Judiciary in England and Wales?

  The President of the Courts of England and Wales
• Which act changed the Head of the Judiciary?

  Constitutional Reform Act 2005
• Who is the Head of the Judiciary in practice?

  The Lord Chief Justice
• Who are the most senior judges?

  Justices of the Supreme Court and Privy Council
• Which act replaced the House of Lords with the Supreme Court?

  Constitutional Reform Act 2005