Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Politics B > Judicial System > Flashcards

Judicial System Flashcards

1
Q

What are the three highest courts in the UK, from top to bottom

A

Supreme Court
Court of Appeal
High Court

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

Two European Courts

A

European Court of Justice

European Court of Human Rights

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

How do Judges make law? [3]

A

Declaring Common law
Interpreting Statute law
Developing case law

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

What is the effect of senior judges interpreting statute law

A

Interpretation binding on all lower courts

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

What cases have judicial importance? [5]

A

Enforce the ECHR
Interpret Human Rights legislation
Ensure sections of society are discriminated against
Prevent the government exceeding its power
Enforce the rule of law

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

How does Judicial Independence work [5]

A

Judges can’t be dismissed for rulings
Salaries of judges are guaranteed
When a case in underway, no one can discuss it
All judges appointed by independent JAC
Senior judges can’t engage in active politics

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

Why is Judicial Independence important when interpreting statute law?

A

So the government can’t manipulate the outcome

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

Why should the judiciary not be influenced by any body?

A

In case it is required to dispense justice involving that body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How does Judicial neutrality work? [3]

A

Judges mustn’t be politically active
Judges should show no favour to a section of society
Judges should make decisions based on law rather than personal opinion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Why is judicial neutrality important? [3]

A

Ensures judges treat all sections of society equally
Prevents political bias in rulings
Gives confidence to citizens that they’ll be treated fairly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What instigates judicial review?

A

A request by an individual to challenge a decision or policy adopted by a policy body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What rulings can the court come to during judicial review? [4]

A

Offend ECHR
Offends Common Law
Ultra Vires - body didn’t have power to make such a decision
Correct administration wasn’t followed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What was the Belmarsh case of 2004?

A

Court ruled suspected terrorists couldn’t be detained without trial due to the ECHR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What was the suspected terrorists ban assets case in 2010

A

Court ruled the government didn’t have the right to freeze suspected terrorists assets. Ultra Vires case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Why is judicial review important? [5]

A 
Preserves rule of law
Enforces ECHR
Protects sections of society from discrimination
Makes public bodies accountable
Prevents government abusing their powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How can the judiciary control government power by upholding civil liberties?

A

Ensures citizens rights aren’t abused by government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

By upholding rule of law, how can the judiciary control government power?

A

Ensures all are treated equally by government

18
Q

Strengths of judicial power over government [3]

A

HRA give judges power to prevent government from exercising excessive power that threaten people’s rights
Independence of judiciary has allowed it to be more active
Judges retain powers over sentencing criminals

19
Q

Weaknesses of judicial control over government [3]

A

Absence of codified constitution makes it hard to judge when the government has used excessive power
Government can claim Judges have no control over the, due to being unelected and unaccountable
Parliamentary sovereignty means a government can grant powers to itself that are beyond control of the judiciary

20
Q

Judicial power in practise [2]

A

Child poverty action v Department for work and pensions
- ultra vires case made an important ruling that the department didn’t have the legal power to force people to return overpayments of welfare benefits when the department is at fault

HM Treasury v Mohammed Ahmed
- court ruled that the government didn’t have the power to freeze the financial assets of suspected terrorists

21
Q

What are civil liberties?

A

The freedoms and rights that all citizens have which are guaranteed by law. Most are today contained in the ECHR, brought into British law by the HRA of 1998

22
Q

What did the Human Rights Act state? [5]

A

All government bodies must abide by its terms
The only body not bound by the convention is Parliament, so parliamentary sovereignty is maintained
If legislation contradicts the HRA, a declaration of incompatibility should by made by the relevant minister
After appealing to the Supreme Court, it can go further to the ECHR
Judgements of the European court are binding in most states, but not the UK. Normally still accepted

23
Q

Examples of rights noted in the ECHR [5]

A 
Right to life
Right to privacy and family life
Right to freedom of expression
Right to be free from discrimination
Right to a fair trial
24
Q

ECHR case 2006

A

Afghan Hijackers
- court ruled that afghan hijackers that landed in to the Uk could claim asylum on the grounds that their lives would be in danger if they were deported

25
Q

How do courts uphold civil liberties? [5]

A 
Refer to the ECHR
Declare that common law has been breached
Refer to a parliamentary statute
Refer to similar EU legislation
Carry out a judicial review upon request
26
Q

How well can courts uphold civil liberties? [4/3]

A

Refer to codified set of rights in ECHR
Lots of legislation passed since 1960s on asserting civil liberties, particularly with preventing discrimination
Judiciary become more active as it’s become independent
Growth of judicial review

Courts can’t be proactive, must wait for a request
ECHR not binding on parliament so judges are powerless
Judges can’t prevent Parliament passing legislation to prevent them from asserting rights again in the future

27
Q

What is the European Court of Human Rights?

A

Court that sits in Strasbourg and hears appeals from citizens in Europe. Decisions based on the ECHR. Court not part of the EU

28
Q

What is the European Court of Justice?

A

Highest court of appeal in the EU that sits in Luxembourg

29
Q

Roles of the ECJ [5]

A

Settles legal disputes between EU member states
Settles disputes between the European Commission and the member state
Interprets the meaning of EU law and how it applies
Hears appeals from individuals who feel their economic or social rights have been violated in their country
ECJ rulings are binding on all member states including the UK

30
Q

Example of an ECHR case

A

2008 DNA Retention case
- court ruled that it was a violation of right to privacy to retain DNA profiles of innocent people. Government had to delete many DNA profiles

31
Q

2 ECJ cases

A

1991 Factortame Case
- court ruled that UK law couldn’t conflict with EU law. Was based on fishing, passed much sovereignty to the EU

2009 Retirement Age
- court ruled in UKs favour to introduce a compulsory retirement age of 65

32
Q

Key points of the Constitutional Reform Act of 2005 [5]

A

Lord Chancellor, head of the legal system, lost most of his roles
Lord Chief Justice made head of the legal system
New Secretary of State for Justice introduced. Still forbidden rom interfering with court decisions
Supreme Court set up to replace Judicial Committee in HoL
Appointments to Judiciary done by JAC. Free from political independence, though PM has veto for controversial candidates

33
Q

Main effects of constitutional judicial reform [4]

A

Judiciary now more independent
Independence allows judges to be more confident in excercising powers
Increased judicial activism and willingness to challenge government authority over civil liberties
Judiciary increasing brought into conflict with government ministers

34
Q

2 examples of judiciary-government conflict

A

Judges assert their right to make decisions of sentencing while governments believe they should as they are elected and accountable

Judges are active in protecting civil liberties and this sometimes conflicts with the governments need to maintain national security

35
Q

What is statute law?

A

Laws passed by parliament where they aren’t clear

36
Q

What is common law?

A

Law unwritten that is commonly believed and enforced. Court rulings are binding on all lower courts

37
Q

What’s case law?

A

An interpretation of a law in certain situations. High decisions are binding on all lower courts

38
Q

What decision did the court reach on the Mental Health Act 2002

A

UK law that persons detained for mental health reasons had to prove their fitness offended the ECHR. Instead, authorities have to prove that they aren’t fit

39
Q

Give an example of an ultra vires case in 2016

A

Gina Millar challenged the idea that the government could withdraw from the EU without parliamentary approval - won

40
Q

ECHR case 2011

A

Insurance Discrimination case

- ruled that insurance companies couldn’t discriminate against men by charging them higher insurance premiums than women

41
Q

What was the Abu Qatada case?

A

ECHR blocked deportation of the Jordan cleric due to fears that evidence obtained under torture would be used against him at home.

May made a deal with Jordan that gave him right to a fair trial, that led to his deportation in July 2013

Politics B (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions