Elements of law- fact test

Question 1

According to Dicey what are the 3 main strands of law?

Answer 1

-right to a trial
-all equal in eyes of the law
-judges maintain rights

Question 2

Which of Dicey’s strands are not true in practice?

Answer 2

all equal in eyes of the law

Question 3

What does the rule of law demand?

Answer 3

-independence and neutrality

Question 4

Why is the absence of judicial independence a threat to judicial neutrality?

Answer 4

-because the impartiality of judges is compromised as they are subject to external control

Question 5

How many pillars maintain judicial independence?

Answer 5

-6

Question 6

Why does security of tenure maintain judicial independence?

Answer 6

-judges cannot be hired/fired at the will of politicians

Question 7

What is the rule of sub judice?

Answer 7

-media, ministers, etc cannot speak out during legal proceedings

Question 8

Name one act that has made senior judges more political

Answer 8

-HRA 1998
-Factortame Case 1990

Question 9

Give 2 reasons why the UK judiciary has not become more politicised in recent years

Answer 9

-appointments process more transparent
-CRA 2005 made judges more independent, not less
-security of tenure
-guaranteed salaries

Question 10

What are 4 main ways that judicial neutrality is maintained?

Answer 10

-anonymity of senior judges
-restriction on political activity
-legal justifications of judgements
-high level of training

Question 11

Why can judicial neutrality never be maintained?

Answer 11

-because everyone has a personal opinion

Question 12

Why can the Judicial Appointments Commission be viewed as a positive measure?

Answer 12

-because it has a structure to appoint judges, rather than politicians choosing them.