Another fact test? legal terms

Question 1

A remedial order

Answer 1

-under section 10 of the HRA, the government can issue this in order to quickly amend legislation found to be incompatible with the HRA

Question 2

Judicial review

Answer 2

where judges review whether the actions taken/decisions made, by a public body are lawful

Question 3

Judicial independence

Answer 3

principle that the judiciary should be separate from the other branches of government, and free from outside influence

Question 4

Judicial neutrality

Answer 4

principle that the judiciary should be completely impartial, ensuring their own political views/biases do not influence their decisions

Question 5

Civil liberties

Answer 5

the basic rights and freedoms citizens benefit from under the law, protecting citizens from arbitrary govt. intrusion into their lives

Question 6

Civil rights

Answer 6

the basic right to be free from unequal treatment/discrimination based on certain protected characteristics e.g. gender, race, disability

Question 7

Life tenure

Answer 7

where a job is permanently held until retirement, and the post holder cannot be sacked/removed except under specific circumstances

Question 8

The Constitutional Reform Act (CRA)

Answer 8

2005 act of parliament that enhanced judicial independence by establishing a Supreme Court, and reforming the appts. process and role of the Lord Chancellor

Question 9

Declaration of Incompatibility

Answer 9

the HRA allows judges to issue this when laws do not comply with the ECHR

Question 10

Judicial activism

Answer 10

term used to describe judges who are willing to challenge government

Question 11

Sub Judice

Answer 11

Latin term for ‘under judgement’ where MPs and Lords are not allowed to discuss in Parliament and the media cannot comment on legal cases under trial

Question 12

Ultra Vires

Answer 12

Latin term translated to mean ‘beyond one’s powers’