judicial independence Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Independence of the judiciary

A

judges must be free to do their job without outside influences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

security of tenure- superior judges

A

Superior judges cannot be dismissed by Government, only by the monarch following a petition from both houses of Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

security of the tenure- inferior judges

A

A judge cannot be dismissed for doing their job, but can be dismissed for misbehaving. Complaints investigated by independent office (not Government).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

immunity from Suit (think of SUED- sounds similar)

A

Judges cannot be prosecuted or sued in a civil case for acts carried out as part of their job. Confirmed in Sirros v Moore.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

independence from executive

A

Superior Judges cannot be dismissed by Government so can be seen to be independent of the Government. Supreme Court ruled against Prime Minister Theresa May in a case following the BREXIT vote.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

independence from legislature

A

Judges are not involved in the law making functions of Parliament therefore supporting the separation of powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

constitutional reform act 2005 establishes what

A

established Supreme Court and that Ministers must not try to influence judicial decisions both supporting independence of judiciary from executive and legislature.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

independence from case

A

Judges should not be involved in a case which they have a personal connection to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly