Judicial independence, review, inquiry

Question 1

What is judicial review

Answer 1

Judicial review is concerned with public law and the relationship between us and state authorities.

Judicial review is where the supreme court reviews government actions and decides if theyve acted ‘ultra vires’

Question 2

Why is judicial review needed

Answer 2

As Britain has an uncodified constitution judges have to interpret the law and therefore, it was put in place to review if the government has acted ultra vires

Question 3

What are the ineffectiveness of judicial reviews

Answer 3

• Review doesnt look at the bigger picture and is only concerned if they acted lawfully
• Its up to the person or group to provide evidence.

Question 4

What is difference between Judicial review and inquiry

Answer 4

Judicial review doesnt look at the bigger picture and doesnt consider the circumstances as its only concerned with if they acted ‘ultra vires’, judicial inquiry is considered with circumstances therefore, it takes longer to complete and more money.

Question 5

What are Judicial inquiries

Answer 5

This is a way the supreme court can hold the government to account and protect democracy.

They don’t prosecute the government they just let them know where they went wrong and let them understand where they went wrong.

Question 6

What are the ineffectiveness of judicial inquiries

Answer 6

• They take a long time to complete and are expensive
• The government can only get recommendations from these inquiries. This is an issue because implemations can only be made by the government.
  EG: The saville inquiry took 12 years and £191 million to complete

Question 7

What are the effectiveness of judicial inquiries

Answer 7

• It upholds government and keeps them in check
  EG: The scott inquiry: During Iraq gate crisis British companies sold weapons to Iraq, ministers presents public immunity certificates to protect them, this judicial inquiry resulted in the freedom of information act.

1992

Question 8

What is judicial independence

Answer 8

This is the principle in which the actions and decisions of judges shouldnt be influenced by pressures from other branches of government

Question 9

How is independence maintained (1)

Answer 9

1. Once theyre appointed they have security of tenure and salary so they cant be threatened they can only be fired if they broke the law, stopping them fearing politicians. Created throguh settlement act in 1701

Question 10

Why is judicial independence important

Answer 10

• As we live in a democracy its important that the judges and judiciary are impartial and independent of external pressures so that the people who appear before them and the public have confidence that the cases are decided fairly.

Question 11

How is judicial independence threatened 4

Answer 11

• Its threatened by dependent judges as theres a fear that the government exceeds its legal power
• Independent judges are able to take a long-term view on cases whereas dependent judges can be influenced by short term changes on public opinions.
• Judges are a product of their environment and might have unconscious bias
• Theres a risk of politicians trying to politicise the judiciary adding pressure to the decisions being made.

Question 12

When was judicial independence established

Answer 12

As far back as 1701 in the act of settlement when judges were made permanent

Question 13

How is independence maintained (2)

Answer 13

2. The lord chancellor use to be in the cabinet, this caused unfairness as he was apart of legislation and executive.

Tony Blair got rid of lord Chancellor and created Department of Constitutional Affairs lead by Lord Falconer. As lord Chancellor is effectively gone, there is a ministry of Justice that with Lord Falconer take on Lord Chancellor roles as its over 100 years old its hard to immediately to abolish

The Prime minister now has a ministry of justice , This is a ministerial department led by Dominic Rabb and is responsible for criminal justice and regulating the legal services.

Question 14

How is independence maintained (3)

Answer 14

• Judges use to be chosen under Prime ministers powers of Patronage but now judges are chosen by independent appointments commissions created by Tony Blair, this was created during the constitutional reform act in 2005

Question 15

How is independence maintained (4)

Answer 15

4. Human rights act 1998 that came into effect in 2000, has made a judges job easier as we have no codified constitution so they now have to use precedent, judges now have the human rights act document to refer to, this clears ambiguity

Question 16

How is independence maintained (5)

Answer 16

• judicial inquires, reviews (case studies)

- Supreme Court created, headed by lord Chief Justice (lord Burnett of Maldon)

Question 17

How is independence maintained (6)

Answer 17

Membership of Eu meant you could appeal to the European appeal court before brexit but now you can appeal to Supreme Court that is the highest court

Question 18

How is independence maintained (7)

Answer 18

• Through the bill of rights act in 1698 that established the principles of free elections and freedom of speech in parliament it has allowed parliamentary sovereignty over all legislation.

This has lead to conflict between politicians and the courts especially with the Home Secretary (Priti Patel) as they deal mostly with policing and gaols.

Crime sentencing act 1997 shows conflict between politicians and courts