Judges And Civil Liberties 2 Flashcards
What is judicial neutrality?
Judges should be impartial with no personal bias
How is independence of the judiciary maintained?
The security of tenure- retire at 75
Guaranteed pay from a consolidated fund
Independent appointment system- JAC
Long term experience
How do judges maintain neutrality?
Anonymity- stay out of the public eye
No political activity- can’t be active in pressure groups or parties
Training
What are the threats so neutrality of. The judiciary?
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
Why do people this the judges have become more politicised?
Politicians have criticised rulings
Can oppose application of some law due to HRA
The new Supreme Court has had great scrutiny from the media
How did the judiciary used to be appointed?
By the monarch on advise from The Lord chancellor. They would consult the senior judges
How are senior judges now appointed?
By the Judicial Appointment Commission (JAC) to enhance separate powers
What is ultra vires?
This is when judges in a judicial review can determine whether a minister is acting beyond their powers
How does eu law effect the judiciary?
Judges have to follow eu law because it has presidency over statue law
What is the role of judges?
Ensure law is applied properly
Lower courts deal with criminal law while higher courts deal with HRA and constitutional issues
Criminal law
Deals with crime by an individual or a group
Civil law
Concerned with interrelationships with matters like contracts and wills
Common law
Legal president from senior judge rulings
What are the three main strands of the rule of law?
No punishment without trial
No one is above the law
The general principles of the constitution- personal freedoms
What arguments say that judges have not become more politicised
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
What are civil liberties?
The fundamental freedoms enjoyed by citizens in a liberal democracy
Does the uk have negative or positive rights?
Negative as we are free to do anything that is NOT statute
What 3 acts did labour bring in to protect the uk rights?
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
What is the European convention on human rights?
1950
Things against human rights will be tried in the European court of human rights
What is an example to a threat on civil liberties?
After 9/11 the Anti-terrorism act 2001- cause judicial intervention
Does the uk need a bill of rights? No
Unnecessary we are already protected by HRA and ECHR
Would undermine parliamentary sovereignty
With out a full codified constitution it would be very hard
Why should there be a uk bill of rights?
Protect the people from constitutional changes
Limit state power
Build upon HRA
Raise public awareness
What is judicial independence
Judges should be free from political control and “do the right thing” with out fear of consequences
Why was the Supreme Court established?
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
