Chapter 7: Judiciary Flashcards
What are the 6 roles of judges?
- Dispute Settlements - interpreting, clarifying, aplpying, declaring the law
- Case management - Making sure trials are efficiently ran
- Training (for new judges/refresher for existing ones)
- Extra-judicial activities - speeches/lectures
- Judicial Review
- Upholding ROL
What were the main critisms on the judiciary before the Constituional Reform Act 2005?
Lacking judicial independence
- LC (head of LCD) handpicked by PM - politcal influence
- Lord Chancellor’s Department (LCD) - responsible for the selection and appointment of judges
- Position of Lord Chancellor (was a speaker in all 3 organs)
- Composition of the judiciary (was not diversed - Dominated by white, males, oxbridge educated/public school, middle & upper-middle class)
What is the nature and characteristics of judicial accountability & independence?
- It is linked to concept of separation of powers
- Judiciary impartial and independent, free from all internal & external pressures (should not be swayed/affected by pressure in their judgements)
What are 8 examples of internal and external pressures that judges may face in whcih judges may not be affected by?
- Executive
- Legislature
- Individual litigants
- Pressure groups
- The media
- Powerful corporations
- Self-interest
- Other senior judges
What is the concept of ROL?
The fundamental constitutional concept that is used to describe the factors necessary for a well-functioning state and to constrain the exercise of arbitrary powers
What is the concept of judicial independence?
What academic says it is necessary for a democratic state?
- The vital importance of this independence follows from the judiciary’s core responsibility. it is the branch of the state responsible for providing the fair and impartial resolution of dispute between citizens and the state or state entities under the prevailing rules of statute or
Sir Igor Judge observes that
- It is not a privilege of the judges themselves. But is necessary for public in a democratic state to ensure that people can live securely and that their liberty is safeguarded and only interfered with when the law permits it
What are the 2 key aspects of judicial independence?
- Personal independence
- Institutional independence
What is Personal Indipendence?
Individual cases must be free from all elements of personal interest/motivation directly and indirectly, and decided purely on the strict application of ROL to the evidence presented. They must be fearless in their judgement, demonstrating moral courage and legal accuracy
free from bias
What is the statute and case ‘test’ that supports the concept of personal independece of the judiciary?
Compliance to Article 6 ECHR
- “in the determination of his civil rights & obligations/any criminal charge against him, everyone is entitled to a fair & public hearing…by an independent & impartial tribunal…”
Porter v Magill (2001) test - ‘no bias’ test
- First - Court considers all the circumstances where there is alleged/possible bias
- Second - Judges ask the question: “Whether the fair minded & informed observer, with regard to all the facts, would conclude there was a real possibility of bias?”
What is institutional independece?
The entire judiciary must be independent & separate from other arms of state (e.g. legislature & executive)
What 4 importances has the Constitutional Reform Act 2005 brought to institutional independence
Creation of UKSC
- Enhances appearance of judicial independence
Changes to role of LC
- Remains only in the executive body
Creation of Judicial Appointment Commission
- Selection of judges is now done by the JAC
Codification of Judicial Concenpt
- Section 3(1) CRA 2005
What does section 3(1) CRA 2005 state in codification of the judicial concept?
Lord Chancellor, Ministers and all individuals who take part in matters related to the judiciary and administration of justice have an active role to continue to promote and uphold the “continued independence of the judiciary.”
What are the 3 other existing laws that protect judicial independence
- Security of tenure - Judges hold office, are subjected from the requirement of good behavior
- Security of salary - Salary is fixed
- Immunity from suit (Sirros v Moore) - Judges should be able to discharge their duty with complete independence & free from fear
What are the 7 reasons why the reform of CRA 2005 was needed?
Importance of judicial independence
- Judges are public figures responsible for upholding liberties & administration of justice
- Judges are expected to exercise equality
- Judges must be completely impartial & objective
- Judges live in Ivory Tower
- Impact of the Human Rights Act 1998
- Uphold the Separation of Powers
- Development of law
When and who announced the reform proposals?
What did he say the effect/impact of reform would be for the judges?
In June 2003 - Tony Blair (then PM) announced several major constitutional changes, as it would greatly impact
- The role of judges
- The appointment of judges henceforth
