16-The judiciary

Question 1

What Courts do superior judges appear in?

Answer 1

Supreme Court
Court of Appeal
High Court

Question 2

What Courts do inferior judges appear in?

Answer 2

Lower than High Court

Question 3

What Court Circuit Judges in?

Answer 3

Crown Court

County Court

Question 4

What Court District judges?

Answer 4

Small claims in County Court

Magistrates’ Court

Question 5

Where are the quals set out for Superior judges?

Answer 5

Court and Legal Services Act 1990 as amended by Tribunals, Courts and Enforcements Act 2007

Question 6

Court and Legal Services Act 1990 as amended by Tribunals, Courts and Enforcements Act 2007

Answer 6

Sets out the quals for Superior judges.

Question 7

How did Superior judges used to be selected?

Answer 7

Up to 2005 was done in secret by the Lord Chancellor.

Question 8

What was the issue with the old method of selecting Superior judges?

Answer 8

Was done by the Lord Chancellor which is a political appointment so there was a risk of non-independence from the government.

Question 9

How are Superior judges selected now?

Answer 9

Judicial Appointments Commission

Question 10

What statute changed the way in which Superior judges were selected?

Answer 10

Constitutional Reform Act 2005

Question 11

Constitutional Reform Act 2005

How did this statute affect the way Superior judges are selected?

Answer 11

Established the Judicial Appointments Commission to select Superior judges as a pose to the Lord Chancellor

Question 12

What was the main benefit of establishing the Judicial Appointments Commission?

Answer 12

To make the process of selecting judges:
1) politically independent

2) more transparent

Superior Judges previously selected in secret by Lord Chancellor-a political appointment.

Question 13

Where are the quals for inferior judges set out?

Answer 13

Court and Legal Services Act 1990 as amended by the Constitutional Reform Act 2005

Question 14

In what ways is the Judiciary independent?

Answer 14

1) Security of tenure (Superior judges)
2) Immunity from suit
3) Independence from executive
4) Independence from legislature (used to be HoL)
5) Independence from the case

Question 15

How did the security of tenure for Superior judges develop over time?

Answer 15

1) Before 1700-Monarch could dismiss any judge
2) 1701 Act of Settlement-Judges had right to remain in post if didn’t misbehave
3) 1981-Senior Courts Act 1981-protects High Court and Court of Appeal judges
4) 2005 Constitutional Reform Act 2005-Protects Supreme Court Judges

Question 16

What case demonstrates that judges are immune from suit in response to their rulings?

Answer 16

Sirros v Moore (1975)

Facts: Judge wrongfully imprisoned someone genuinely believing them to have broken the law and when D tried to sue for false imprisonment they were not allowed.

Question 17

Sirros v Moore (1975)

What does this demonstrate regarding judges?

Answer 17

Demonstrates: that judges are immune from suit for decisions taken as a judge.

Facts: Judge wrongfully imprisoned someone genuinely believing them to have broken the law and when D tried to sue for false imprisonment they were not allowed.

Question 18

What ensures that judges are independent from the executive?

Answer 18

s3 Constitutional Reform Act 2005-Ensures that Lord Chancellor and all ministers maintain independence of Judiciary.

Question 19

s3 Constitutional Reform Act 2005

Answer 19

Ensures judiciary is independent from the executive.

Lord Chancellor and all ministers must ensure the independence of the Judiciary.

Question 20

In what way is the Judiciary more independent from the legislature now than it was historically?

Answer 20

House of Lords was replaced by Supreme Court in 2009

Constitutional Reform Act 2005

Question 21

What case demonstrates that it is vital for Judges to be independent from the case?

Answer 21

Pinochet’s Case 1998

Facts: Amnesty International applied to HoL for Ex Chilean Head of State to be extradited and it was approved but the case fell down as one of the judges was working for amnesty international.

Question 22

Pinochet’s Case 1998

What is the significance of this case regarding Judges?

Answer 22

Demonstrates: the importance of Judges being independent from the case.

Facts: Amnesty International applied to HoL for Ex Chilean Head of State to be extradited and it was approved but the case fell down as one of the judges was working for amnesty international.

Question 23

Why is it so important to have an independent Judiciary?

Answer 23

1) Democratically vital-Gov cannot arbitrarily detain a political opponent
2) Judiciary can hold Gov to account on its actions-like when Gov commenced Article 50 but actually had to seek Parliament’s approval first.
3) Judges can carry out actions free from the fear of losing their jobs.

Question 24

An example of when the Gov. was held to account by a decision of the Courts?

Answer 24

The triggering of Article 50 to leave the EU.

Was found Gov. had to seek Parliamentary approval first.