Judicial system Flashcards
What are the two denominations of judges?
-Inferior and Superior
What is the Constitutional Reform Act of 2005 and why is it so significant?
-It dramatically changed the influence judges can have
-Separation of powers > Judicial independence - lack of bias
Since the CRA 2005 how are senior Judicial appointments made?
-By the Judicial Appointments committee > independent from govt = greater transparency and seperation of powers
-Makes judges more socially representative > more equality
What qualification is needed to be in the UK Supreme Court?
-Must have held High judicial office for at least 2 years or have been a ‘qualifying practitioner for 15 years
What is the appointment process for the SC?
A Vacancy arises –> A 5 member selection commission to consider nominees –> commission submits report to Lord Chancellor identifying a nominee –> Lord Chancellor either accepts of declines –> if LC accepts they notify the PM –> PM makes recommendation to the King –> appointment confirmed once monarch has issues letters patent
Why was the SC created?
-Fusion of powers meant judges were not always impartial and they weren’t independent
-Wanted to improve the appointment process
-wanted to reduce confusion about the role of the HL and the LAw Lords
What are the key functions of the SC?
-Act as a final court of appeal across the UK (except Scotland)
-Hear civil appeals from civil cases in Scotland
-hear appeals where there is uncertainty in the law and clarify the meaning of the law
What are the key doctrines that underpin the work of the judiciary?
-The Rule of Law
-Judicial Indepence and Impartilaity
What is the Rule of law?
-No one can be punished without trial
-No one is above the law > Everyone subject to the same laws
-General principles of the constitution result from the decisions of the judges
What is Judicial Independence?
-Security of tenure
-Guaranteed salaries
-Contempt of court
-Growing separation of powers
-Independent appointment systems
-Training and experience
What are the 4 main ways that Judicial impartiality is achieved?
-Anonymity > do not know which judge will adhere to the case
-Political activity
-Legal Justifications of judgement > interpreting statutes made by parliament > following principles of precedent > Stave Decisis
-High-level training
What are the threats to judicial impartiality?
-Narrow recruiting pool from which judges have traditionally been drawn
-Senior judges have been drawn into more openly political conflicts > e.g passing of the HRA has been criticised for resulting in the politicisation of the judiciary
Who sits in the Supreme Court?
-Law Lords
What are the Superior courts (In hierarchical order)
-Supreme court
-Court of Appeal
-High Court (KBD, Family and Chancery)
What is the KBD?
-Crown court
-Magistrates court
Inferior courts with criminal cases
What is the Chancery?
-County court
Deals with civil cases
What is the importance of judicial independence and impartiality
-so that the rule of law can be upheld without fear of repercussions for the decisions that they make
-review the actions of public officials in accordance with the rule of law
-interpret statutes following the HRA
-Clarify the meaning of the law and establish precedents that are rooted in the law and are followed
What are the powers of the judiciary?
-Judicial review
-Ensuring UK laws uphold the rights set down in the HRA
-Interpreting statute law
-Creating precedent/clarifying the meaning of the law
What is Judicial review?
-Performed by Superior courts
-SC, CA,KBD or High Court
-Reviews the actions of public officials or public bodies (Brexit Article 50 case)
-Uk SC cannot ‘strike down’ a statute made by Parliament
-Interpret statues and create precedent > enables judges to clarify the meaning of the law made by parliament
What is Ultra Vires?
-When a public official has gone beyond their powers
What was the Miller and Others V Secretary of state for exiting of the EU about?
-Whether a formal notice of withdrawal can lawfully be given to ministers without prior legislation passed in both houses
-Due to Mays article 50
What was the outcome of the Miller and Others V Secretary of state for exiting of the EU?
-Found it in Millers favour that they could not pass through Article 50
How does the Miller and Others V Secretary of State for exiting of the EU show the independence of the judiciary?
-It was ruled against govt
What are the reasons suggesting that the judiciary has become politicised?
-The creation of the SC and the physical relocation of the most UK senior judges into the public arena subjected them to greater scrutiny by the media.
-Politicians have broken with convention by publicly criticising rulings handed down by senior judges
