Extra-Judaical Neutrality Flashcards
What is judicial activism?
This is the idea that the courts should be active partners in shaping public policy. Supports see the courts as having a role in looking after groups denied political influence or clout. Opponents portray them as being excessively liberal, pro criminal and soft on crime
What did the 1955 Kilmuir Guidelines urge judges to do?
This urged judges to silence in public as this could bring him under the focus of criticism
What guideline urged judges to silence?
the 1955 Kilmuir Guidelines
Why did the legal advice given to the Blair government by the Solicitor General over the legality of the decision to send troops to Iraq controversial?
this is because critics allege that he did everything he could to support the ministerial case for intervention
What was Lord Hutton asked to do?
asked to enquire into the death of David Kelly, the former weapons inspector who committed suicide in 2003 after the case of military action against Iraq had been ‘sexed-up’
What was Lord Hutton accused of after being asked to enquire into the Death of David Kelly, former weapons inspector who committed suicide in 2003 after the case of military action against Iraq had been ‘sexed-up’?
he was accused of producing a report that ‘whitewashed’ the Blair administration whilst heaping blame on the BBC who carried the ‘seeing up’ allegation
Why should judges be politically neutral?
As if they make a partisan utterance it is felt that this would undermine public confidence in their impartiality
What is an example of when the neutrality of judges has been questioned by the Left?
in the 1980’s a number of sequestration (removal of financial assets) cases were heard in which union funds were taken away as a result of judicial decisions
What is sequestration?
this is the removal of financial assets from their owner
Why do many believe that judges cannot be neutral?
due to their backgrounds, attitudes and methods of selection. Most are white, male, wealthy, privately educated.
Why might the fact that judges tend to be white and wealthy be an issue?
It suggests that judges are more willing to defend property rights than wider human rights or person liberties
How do militant demonstrators support the view of a lack of judicial neutrality?
they are often given harsh words and stiff punishments from judges who dislike their causes and methods with which strikers are associated with
What are the two key principles of the Supreme Court?
Judicial Independence and Judicial Neutrality.
