Judges and civil liberties Flashcards

1
Q

What makes up the senior judiciary in the UK?

A
  • The high court
  • The appeal court
  • The supreme court
  • European court of human rights
  • European court of justice
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2
Q

What are the roles of judges?

A
  • Declare common law
  • Interpret statute law
  • Develop case law
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3
Q

What is judicial review?

A

When a uk court has the power to review a law passed by parliament and secure a declaration, order or award.

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4
Q

What are some examples of judicial review?

A
  • Joanna Lumley and the Ghurkas (allowing them residence
  • Hawke vs Justice secretary (Equality act)
  • Belmarsh case (HOL ruled suspected terrorists couldn’t be detained without trial
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5
Q

Why is an independent judiciary important?

A
  • Rights of groups/individuals can be protected
  • Rule of law can be better protected
  • The judiciary should be independent when prosecuting the government
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6
Q

How is the independence of the judiciary in England and Wales protected?

A
  • Judges cannot be dismissed on the basis of their decisions
  • The salaries of judges are protected and guaranteed
  • The govt. and parliament cannot comment on a case already underway
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