Composition Of The Judiciary + The Appointment Process Flashcards
What is the composition of the judiciary
-doesn’t exist as a single body
-Scotland + NI operate under different legal arrangements than those in place of Eng + Wales
-UK SC common to all 3 systems — acts as highest court of appeal
-UK SC also has power hear appeals + review actions of other public body’s allows it to est new ‘precedents’
What is a synoptic link for the composition of the judiciary
-in US constitution imdicivual states free organise own state-lead judiciary
-compare US federal with UK senior judiciary
-federal -> hierarchical in structure with US senior judiciary above 13 US federal circuit courts of appeal with US district
What is the background of the judiciary?
-different types of judged with different level responsibility depending on the court they sit in
-a hierarchy of judges
-constitutional reform act 2005 central to its current role — the SC
-judged okay vital role applying laws suggested by executive + passed by legislature
-the rule of law is upheld this way
What is the composition of the senior judiciary?
-justices of SC, heads of divisions, lord justice of appeal, high court judges + deputy high court judges
-significant role — senior judges use power of judicial review to est legal position where statute law absent or unclear
-this case of common law forms body of legal precedence that guides lower courts
What was the old system of appointing to senior judiciary?
-positions made by monarch on advice of PM + LC
-LC made ‘picks on basis of secret soundings’ with close associates
-system lacked transparency, undermined separation of powers + resulted in senior judiciary of private + oxbridge educated
How did the constitutional reform act 2005 change the system?
-reduced power of lord chancellor
-new judicial appointments committee had the power
-hoped would enhance separation of powers + result in more socially representative senior judiciary
-created SC — 12 justices sit + discharge roles previously performed by law lords
What are the qualifications for appointments to the SC?
-candidates must hold high judicial office at least 2 years or been ‘qualifying practitioner‘ for 15
-that is someone who has senior courts qualification or an advocate in Scot
What is the appointment process of justices to the SC? (Nomination)
-vacancy arises
-5 member selection committee convened to consider nominees
-commission submits report to lord chancellor identifying nominee
-LC either accepts or rejects or asks commission reconsider
-if LC accepts they notify PM then PM makes recommendation to monarch
-appointment confirmed once monarch issued letters patent
What has the membership of the SC created?
-left it open for accusations of elitism
-most are male, old, white + went to oxbridge
-e.g. Lord Reed president of SC, 67, went to Edinburgh + Oxford - Lord Hodge deputy pres + went to Cambridge
