4. The judiciary

Question 1

What is judicial independence and impartiality?

Answer 1

• judicial independence is the notion that judges are free from government interference
• judicial impartiality or neutrality is the notion that judges are neutral/objective when it comes to making their judgements and not swayed by personal opinion or popular pressure

Question 2

What is separation of powers?

Answer 2

• judiciary is separate, both physically and in terms of personnel, from parliament and government

Question 3

What is Ultra Vires?

Answer 3

• everyone is subject to the law of the land, including the government
• if governments or other public bodies are deemed by the courts to have exceeded their power, their actions are declared ultra Vires e.g. 2019 Bojo was found acting ‘illegally’ when he dissolved parliament - UKSC found his acting against ultra vires and demanded parliament be back in session

Question 4

What is judicial review?

Answer 4

• court proceedings where judges review the legality of a decision or action made by a public body including the government

Question 5

Is the judiciary too powerful? - yes

Answer 5

• Judges, unlike MPs are unelected and cannot be removed easily
• The Human Rights Act 1998 means judges get involved in politics and often clash with the government - undermining parliament sovereignty
• Judges make decisions that can have a huge impact, including life and death e.g. Charlie Grad case
• judicial review can make government departments change their policies

Question 6

Is the judiciary too powerful? - no

Answer 6

• Judges need to be independent of politicians in order to be impartial and fair to everyone
• Judges only interpret the laws passed by parliament
• Judges are very experience legal professionals who are properly trained in looking at complex cases

Question 7

Does the lack of diversity in the judiciary matter? - yes

Answer 7

• Judges do not reflect modern British society
• it could make it hard for judges to understand fully the cultural context of some cases
• there has been little improvement in judicial diversity in the last decade
• it reduces the publics trust in the judiciary and leads to biased “pro-establishment” decisions

Question 8

Does the lack of diversity in the judiciary matter? - no

Answer 8

• Unlike MPs, judges are not representatives of the people but are chosen for their professional expertise and on merit
• judges are not there to empathise but to apply to law neutrally and professionally
• Diversity is greater and growing lower down the judicial hierarchy

Question 9

What is the main role of the Supreme Court (UKSC)?

Answer 9

• final court of appeal for all UK civil cases
• appeals on point of law
• enforces the ECHR

Question 10

Cases of the UKSC - Al Rawi and others v the Security service and others

Answer 10

• case concerning both human rights and the extend of government powers to alter normal judicial
• defeat for the UK gov

Question 11

Cases of the UKSC - Trump international gold club limited and another v Scottish ministers

Answer 11

• had the Scottish government exceeded its powers in allowing a wind farm to be built near golf club - Ultra Vires case
• in favour of Scottish gov

Question 12

Cases of UKSC - Article 50 “Brexit” appeal

Answer 12

• must the government get parliamentary approval to invoke article 50
• in favour of parliament must vote on article 50

Question 13

Case of UKSC - Charlie Grad case

Answer 13

• were the parents of a seriously ill baby allowed to take him aboard for medical treatment
• found against Charlies parents - cannot take him to USA