Content Shittt

Question 1

What do Judges do?

Answer 1

Interpret and apply the law
> Affects statute law
> Interpretation can conflict with the government

‘Make’ law
> Affects common law
> Judgements cite previous judgements as binding

Preside over proceedings
> Ensure a fair trial
> A source of specialist knowledge

Decide sentencing
> In criminal cases
> Has been affected by increasing use of mandatory sentences

Chair Inquiries/Commissions
> Run like judicial proceedings

Question 2

How judicial independence is maintained

Answer 2

Judicial Appointments Commission
> Used to be scouted by the Lord Chancellor
> Judicial Appointments Commission NOW
> Introduction of the Lord Chief Justice
> Introduction of Lord Chancellor

Security of Tenure
> Can’t be sacked
> Retire at 70
> No threat of demotion

Creation of an independent Supreme Court
> Separate from the executive and legislative
> Checks and balances
> More effective judiciary
> Strengthens judicial independence
> Breaks the link between courts and Parliament

Freedom from political criticism
> Constitutional conventions that forbade MPs, Peers and Ministers from putting pressure on judges

Question 3

Breaches of Judicial Independence

Answer 3

R v Grillo (2012)
> Nigella Lawson admitted to taking cocaine and cannabis
> David Cameron said that he was “Team Nigella”
> The judge said that David Cameron saying that wasted an entire morning of court time that could have been used elsewhere

Theresa May criticises judges for ignoring her deportation law
> Home Secretary Theresa May accused judges of making the UK more dangerous by ignoring her ‘points’ scheme for immigrants
> Said that judges didn’t have the right to ignore Parliament just because they don’t like the ruling

Question 4

Conservative Government Civil Liberties (1979-1997)

Answer 4

Police and Criminal Evidence Act (1984)
CCSU v Minister for the Civil Service (1985)
Malone v UK (1984)
Interception of Communications Act (1985)
Public Order Act (1986)
Trade Union and Labour Relations (Consolidation) Act (1992)
Intelligence Services Act (1994) + Police Act (1997)

Question 5

Labour Government Civil Liberties (1997-2010)

Answer 5

Human Rights Act (1998)
Terrorism Act (2000)
Regulation on Investigatory Powers Act (2000)
Anti Terrorism Crime and Security Act (2001)
Ahmed and Others v Secretary of State (2004)
Prevention of Terrorism Act (2005)
Terrorism Act (2006)
Racial and Religious Hatred Act (2006)
Counter Terrorism Act (2008)

Question 6

Coalition Government Civil Liberties (2010-2015)

Answer 6

28 day detention
Identify Documents Act (2010)
Protection of Freedoms Act (2010)
R v Secretary of State for the Home Department (2012)

Question 7

Main legislation determining the relationship between the judiciary and the other two branches of government

Answer 7

Constitutional Reform Act (2005)
Human Rights Act (1998)
Factortame Case (1991)

Question 8

Courts that can establish legal precedent

Answer 8

Supreme Court (UK) 
High Court (UK)
Court of Appeal (UK)
European Court of Justice (EU)
European Court of Human Rights (European - not EU)

Question 9

Judges checking the power of the executive and legislative

Answer 9

Rule of Law 
Ultra Vires 
HRA
> Judges can strike down executive acts which offend the HRA 
> Declaration of incompatibility 
EU Law

Question 10

Judges not checking the power of the executive and the legislature

Answer 10

Judges can pass new legislation
Judges can’t be proactive
Remedial Orders
Parliament can alter the legal framework that judges use

Question 11

How is judicial neutrality maintained?

Answer 11

The Kilmuir Rules
Not engaging in explicit political activity
Legal training and expertise
Transparency and Accountability
> Live Stream supreme court cases
> All judicial decisions are published
Social inclusion/diversity in judicial appointments

Question 12

How is judicial neutrality not maintained?

Answer 12

12 Supreme Court judges 
> 1 female
> 1 didn't go to Oxbridge 
> 0 are ethnic minorities 
> 12 privately educated 
Can be breached quite easily

Question 13

Examples of Civil Liberties

Answer 13

Freedom of Speech
Freedom of Information 
Freedom of the Press
The right to a private/family life 
The right to a free trial 
Freedom of religion

Question 14

Examples of Ultra Vires

Answer 14

HM Treasury v Ahmed and Others (2010)
> Counter terrorism measure - the government began to freeze suspects’ bank accounts
> Supreme Court ruled that government had acted ultra vires
> Government introduced new legislation:
> The Terrorist Asset-Freezing Act 2010
> Gave them the power they needed

Theresa May immigration points

Question 15

EU Law examples

Answer 15

Factortame Case (1990)
> Merchant Shipping Order (1998) restricted the rights of foreign owned ships to fish in British waters
> Law Lords ruled that this conflicted with EU law
> Dissaplied the conflicting parts of the law

Question 16

Human Rights Act (1998) Examples

Answer 16

Ghaidin v Ghodin - Mendoza (2004)
> Mr Godin-Mendoza lived with his male partner for almost 30 years
> When his partner died, the landlord tried to evict him - claimed the tenancy didn’t transfer to him because they were a homsoexual non-married couple
> Supreme Court used Section three of the HRA to include homosexual couples

Question 17

Declaration of Incompatibility Examples

Answer 17

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Question 18

Remedial Order Examples

Answer 18

Gillan and Quinton v UK (2010)
> Demonstrator and photographer were stopped and searched at an arms fair
> Under section 44 of the Terrorism Act (2000)
> Police could stop anyone even with no grounds for searching them
> Supreme Court ruled that this violated Article 8 of the ECHR
> The right to respect for family and private life
> The Government issued the Terrorism Act (2000) Remedial Order (2011)
> Police could stop and search anyone if they had reason to suspect