4 - The judiciary

Question 1

how is judicial independence maintained

Answer 1

The appointment process
Salaries set by private bodies
permanent job - cant get sacked

Question 2

What does ultra vires mean

Answer 2

Everyone is subject to the law, if someone has actions declared to be ultra vires it means they have acted beyond the law eg, Johnsons proroguing of parliament

Question 3

What is judicial review

Answer 3

A court will review the legality of a decision or action made by a public body

Unlike the us the courts CANNOT strike down a law

Question 4

Arguments for the judiciary being too powerful

Answer 4

judges are unelected and are hard to remove
The HRA means judges can get involved in politics and clash with the government
Make decisions that can have huge impact ie assisted suicide
Judicial review can make government departments change their views

Question 5

Arguments for the judiciary not be too powerful

Answer 5

Judges have to be impartial
Judges only interpret laws that parliament made or chose eg ECHR or the HRA
Judges are very experienced legal professionals, so can be better than politicians
The courts make judges stick to the law, and follows the rule of law

Question 6

What is the appointment process for judges

Answer 6

Appointments based on merit and experience
politicians have no say
Since 2006 all appointments have been done by the judicial appointments commission (JAC)

Question 7

Criticisms of the judicial appointment process

Answer 7

It’s composition mainly being white old rich people

Accused of being too privileged

Question 8

Whats the % of women judges in the court of appeal 2021

Answer 8

25%

Question 9

The % of black judges in any court 2021

Answer 9

8%

Question 10

The % of non-barristers 2020

Answer 10

32% down from 37% in 2014

Question 11

How many judges of the supreme court were students and oxford or cambridge in 2021

Answer 11

11/12

Question 12

Arguments that a lack of diversity in judges are bad

Answer 12

Judges don’t represent britain
can make cases on cultures difficult
Little improvement in he last decade
reduces the publics trust in the judiciary

Question 13

arguments that a lack of diversity in judges doesn’t matter

Answer 13

Chosen for their expertise
Not there to empathise but to understand the law
Diversity is growing lower down the hierarchy, so will work its way up
Would almost inevitably lead to the politicisation of the judiciary

Question 14

When was the uk support created and by what act

Answer 14

Set up in 2009

created by the constitutional reform act 2005

Question 15

What courts did the UKSC replace to be the highest court

Answer 15

The law Lords court

Question 16

how many judges in the UKSC

Answer 16

12

Question 17

What criteria must a UKSC candidate have

Answer 17

2 years in a senior judicial role or 15 years as a barrister of solicitor

Question 18

What is the compulsory retirement age

Answer 18

70

Question 19

Main roles of the UKSC

Answer 19

The final court of appeal for all UK civil cases
Hears appeals on points of law from the public and of national importance
Enforces the ECHR’s
Acts as the final court of appeal for british overseas territories such as jamaica

Question 20

Example of the UKSC ruling something doesn’t align with the ECHR

Answer 20

The rwanda deal 2022

Question 21

Example of the UKSC sending cases back to the ECHR

Answer 21

The 2009 horncastle case - When the ECHR said that someone convicted by another person giving hearsay evidence wasn’t a fair trial

Question 22

What did the UKSC have to keep in mind before brexit

Answer 22

EU laws when hearing cases involving international treaties

Question 23

Whats the lord chancellors role in the appointment process

Answer 23

Says yes or no to candidates, cannot put candidates forward

Question 24

How are candidates put forward

Answer 24

A selection committee is made up from the president and deputy president of the court and JAC members from each uk nation

They consult with senior judges before putting a name forward

Question 25

Under the HRA what must government bills include

Answer 25

Must say if it is HRA compatible or not

Question 26

Example of the UK government ignoring the ECHR

Answer 26

in 2005 the court ruled that Not giving prisoners a vote with incompatible with the ECHR, but parliament did not change the law

Question 27

Example of the UKSC almost stopping government policy

Answer 27

2015 the court ruled 3-2 in the government favour to uphold a benefits cap introduced for housing benefit, children benefits and family’s out of work