AK- Judiciary Flashcards
Judiciary
people part of the justice system
judicial review
where the supreme/appeal court review governments actions to decide if they have exceeded authority
-EG 2019 BJ proroguing parliament
info about Supreme Court
-until 2009 It was House of Lords who did the judge
-after 2009 the Supreme Court justices did the job
separation of powers doctrine
legislature, executive and judiciary are all divided
info about judiciary
-judicairy produces common law within the UK
-responsible for interpreting the constitution
-court= supreme, hight, crown, appeal
-bill of rights 1689 insured a free fair trial
-all devolved nations have different legal systems but Supreme Court is at top
-different courts to deal with different types of offences EG civil and criminal cases
main role of the judiciary
-to interpret and administer the law as laid down by parliament (statute law)
-EG Gina miller makes the gov include parliament in brexit decisions 2017 judicial review
judicial indépendance
-where the judiciary is free from other branches of gov eg separation of powers doctrine
judicial neutrality
-suggests that judges themselves are free from political leaning/bias
why is it important that the judiciary should be politically neutral
-the publics faith in the judiciary and legal process will be maintained
- citizens need to feel sure that their rights will be protected by an independent judiciary which is concerned with justice and the rule of law
how independent were senior judges before the CRA act 2005
-high court judges were appointed by the queen on the advice of the lord chancellor
-lord chancellor and PM played a central role
-CRA brought in the Supreme Court
problems before CRA
-discriminatory: process of secret sounding gave real scope for discrimination, with layers instinctively falling back on racial stereotypes
-resulting in judiciary not representing the public
how are judges appointed by the judical appointments commissions JAC
-all appointments made through open competition
-commmision recommends candidates to the lord chancellor who has a limited power of veto
good thing about the judicial appointment commission JAC
-JAC ensures that merit remains the sole criterion for appointment and the appointments system is modern open and transparent
make up of supreme court
- barely any gender diversity (16% woman in 2004
-10/12 attended Oxford or Cambridge (wealthy privliedg) - average age 68
-ethnic miniroties make up only 13% of applicants
CRA 2005
-transfer of judicial power from house of lords to a seperate body in 2009
-brought in supreme court (lord reed president of the court) 12 justices
