Judiciary

Cards (23)

  • Judiciary
    • Refers to all the UK judges from the magistrates to the supreme court
    • Role is to ensure is applied appropriately
  • Judges
    • Lower level judges preside over trials, give guidance to juries sand impose sentences
    • High court judges hear more serious cases
    • Supreme court judges can establish new precedents with their verdicts
  • Supreme court
    • Set up in 2009 after the constitutional reform act 2005
    • Replaces the law Lords with judges
    • Free of political pressure
    • Security of Tenure
    • Separation of powers
  • Main roles of the Supreme court
    • It's the final court of appeal for all UK civil cases and criminal cases
    • Enforced the ECHR in the UK which enhanced the power of the supreme court to hold government accountable
  • SC, Europe and Human rights
    • Under the human rights act 1998, the SC had the power to decide whether an action by a public body or particular law is incompatible with the ECHR
    • 2018 - government discriminated against different sex couples by banning them from entering into civil partnerships as same sex couples. Government was in breach of their rights under article 14
  • Appointment procedure
    • It's designed to be non-political, independent and based on merit
    • Vacancies are selected by a selection comission
    • President and deputy president of the court and a member of the judicial appointments comission
    • Lord chancellor can accept or reject nominations and can't put forward their own
  • Ultra Vires
    • When government or other public bodies are deemed to have exceeded their powers, they are declared Ultra Vires.
  • Judicial review
    • When judges review the legality if a decision made by a public body or the government
    • It's about the process and not the wrong and rights of the conclusion reached
  • Separation of Powers
    • The judiciary is both physically and in terms of personnel separate from parliament and government
    • This is done to uphold judicial independence and the rule of law
  • Security of the Tenure
    • Judges can't be dismissed on the basis of decisions they make ( only for improper conduct )
    • They are removed from the role once they are of retiring age
    • They're free to make decisions
  • Salary
    • Pay isn't subject to annual review by the HOC
    • Pay is decided by an independent body/comission
    • They are payed enough so they don't accept bribes
  • Freedom of criticism
    • Constitutional conventions forbid MPs and peers from criticizing rulings and judicial review
    • Sometimes these conventions are broken
  • Case of Ultra Vires - Jan 2017 Article 50 Brexit appeal
    • Must the government get parliamentary approval to use article 50 to leave the EU
    • A case about constitutional matters
  • Outcome of the Jan 2017 Case
    • Parliament must be allowed a vote on article 50
    • Case reinforced the principle of parliamentary Sovereignty and the supremacy of Westminster
    • Victory and defeat for the government
    • Interpreted the Constitution, not remain or leave
  • Prorogation of parliament case
    • Boris Johnson sought to suspend parliament for 5 weeks done through the royal perogative and not a vote by parliament
    • MPs felt no time to scrutinise the Brexit deal since which was happening on October 31st
  • Outcome of the prorogation of parliament case
    • Defeat for the government
    • The prorogation in the circumstances was unlawful
    • The effects of prorogation frustrated parliament as they couldn't carry out it's functions and supervise the executive
    • The ruling had little impact Brexit has Johnson called an election and won with a majority
  • Is the judiciary too powerful
    • Yes - Judges unlike MPs aren't elected and cannot be removed as easily
    • HRA 1998 gave the judiciary more power to get involved with politics and clash with parliamentary Sovereignty
    • Judicial review can end up forcing government bodies changing policies
  • Is the judiciary too powerful
    • No - judges need to be independent to be fair for everyone
    • Judges can only interpret laws passed by parliament and parliament can opt out of the HRA
    • Politicians are swayed by public opinion and media whereas judges aren't
    • Courts make sure judges stick to the rules and makes sure no ones above law
  • Judiciary neutrality
    • Griffith theory - the social background of judges would inevitably influence decisions they make like gender and social background
  • Criminal cases
    • Start in the magistrates court heard by 2 or 3 magistrates or a district judge
    • Hear 98% of cases
    • Passes severe cases to crown court and crown court deals with appeals
    • Crown courts have a judge and a jury
    • Appeals go to high court
  • Civil cases
    • Dealt with county courts in a more complex case
    • Jurisdiction covers a wide range like damaged goods, recovery of debt, award financial damage
  • Arguments that judicial neutrality exists
    • HRA has provides an increase in power and resources to use against the stage in civil cases
    • Both of the main parties have accused the judiciary of being biased but it can't be biased both ways and he neutral
  • Judges do main neutrality
    • Judges are bound by rules of interpretation when making judgement
    • Strict ROC
    • They have pride in their neutrality
    • Their background shouldn't really affect decisions made
    • Judges can't engage in political activity due to ROC