The Judiciary

• • Declarations of incompatibility - S4 of the HRA 1998, giving senior judges the power to question the compatibility of legislation with human rights. The declaration is sent to Parliament. It does not allow judges to strike out laws.
• • Privy Council - the final appeal court for Commonwealth countries.
• • Secret soundings - the old appointments process whereby information on a potential judge would be gathered informally over time from judges and barristers.
• Superior judge - sits in High Court or above

  Inferior judge - the lower courts (including Crown Court)
• The Constitutional Reform Act 2005 cut back Lord Chancellor's roles.
• Criticism of secret soundings; 'It's still very much who you know, not what you know.’
• Sir Leonard Peach’s Report, 1999; Commissioner for Judicial Appointments should be appointed to provide independent monitoring of the procedures for appointing judges and King’s Counsel
• Tribunals, Courts and Enforcement Act 2007 eligibility to become a judge is no longer based on how many years of rights of audience, but number of years post-qualification experience.
• Case of Sir Jonah Barrington -

  • High Court judges and above can only be removed from office by the King after successful petition of both the House of Commons and House of Lords.
  • There has only be one such dismissal since the Act of Settlement 1701.

  In 1830, Sir Jonah Barrington was dismissed from the High Court for taking £922 for personal use.
• The Griffith theory - the social background of judges influences the decisions they make. More likely conservative.
• Dicey (1885); Rule of Law = everyone subject to same laws as others, including those in power. No arbitrary powers. Everyone equal before courts.