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
2
Q
What are the roles of judges?
A
- Declare common law
- Interpret statute law
- Develop case law
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.
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
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
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