Judges And Civil Liberties 2

Question 1

What is judicial neutrality?

Answer 1

Judges should be impartial with no personal bias

Question 2

How is independence of the judiciary maintained?

Answer 2

The security of tenure- retire at 75

Guaranteed pay from a consolidated fund

Independent appointment system- JAC

Long term experience

Question 3

How do judges maintain neutrality?

Answer 3

Anonymity- stay out of the public eye

No political activity- can’t be active in pressure groups or parties

Training

Question 4

What are the threats so neutrality of. The judiciary?

Answer 4

Narrow recruitment pool- mainly white rich men so have a certain view of te world on experience

Also due to human rights act makes them more political

Question 5

Why do people this the judges have become more politicised?

Answer 5

Politicians have criticised rulings

Can oppose application of some law due to HRA

The new Supreme Court has had great scrutiny from the media

Question 6

How did the judiciary used to be appointed?

Answer 6

By the monarch on advise from The Lord chancellor. They would consult the senior judges

Question 7

How are senior judges now appointed?

Answer 7

By the Judicial Appointment Commission (JAC) to enhance separate powers

Question 8

What is ultra vires?

Answer 8

This is when judges in a judicial review can determine whether a minister is acting beyond their powers

Question 9

How does eu law effect the judiciary?

Answer 9

Judges have to follow eu law because it has presidency over statue law

Question 10

What is the role of judges?

Answer 10

Ensure law is applied properly

Lower courts deal with criminal law while higher courts deal with HRA and constitutional issues

Question 11

Criminal law

Answer 11

Deals with crime by an individual or a group

Question 12

Civil law

Answer 12

Concerned with interrelationships with matters like contracts and wills

Question 13

Common law

Answer 13

Legal president from senior judge rulings

Question 14

What are the three main strands of the rule of law?

Answer 14

No punishment without trial

No one is above the law

The general principles of the constitution- personal freedoms

Question 15

What arguments say that judges have not become more politicised

Answer 15

Appointment is more transparent

They are just more independent from the constitutional reform act 2005

The increased conflict is them holding the government to account

Question 16

What are civil liberties?

Answer 16

The fundamental freedoms enjoyed by citizens in a liberal democracy

Question 17

Does the uk have negative or positive rights?

Answer 17

Negative as we are free to do anything that is NOT statute

Question 18

What 3 acts did labour bring in to protect the uk rights?

Answer 18

Human rights act 1998

Freedom of information act 2000- access to public authority info

Data protection act 1998- can see any information related to them

Question 19

What is the European convention on human rights?

Answer 19

1950

Things against human rights will be tried in the European court of human rights

Question 20

What is an example to a threat on civil liberties?

Answer 20

After 9/11 the Anti-terrorism act 2001- cause judicial intervention

Question 21

Does the uk need a bill of rights? No

Answer 21

Unnecessary we are already protected by HRA and ECHR

Would undermine parliamentary sovereignty

With out a full codified constitution it would be very hard

Question 22

Why should there be a uk bill of rights?

Answer 22

Protect the people from constitutional changes

Limit state power

Build upon HRA

Raise public awareness

Question 23

What is judicial independence

Answer 23

Judges should be free from political control and “do the right thing” with out fear of consequences

Question 24

Why was the Supreme Court established?

Answer 24

To separate the judiciary and government rather than have the influence if The Lord chancellor

The criticisms if how they were appointed

The confusion of the law lords job