Judiciary 1

Question 1

When referring to the ‘three branches of government’ - the judiciary only deals with whom

Answer 1

The judges who are directly involved with the process of law making and politics

Question 2

Define: Judicial Neutrality

Answer 2

The principle that members of the judiciary should avoid allowing their political ideas to affect their decisions in cases. It also implies that judges should not show any systematic bias towards or against any groups in society

Question 3

What does judicial independence imply

Answer 3

It implies that judges are kept free from political pressure

Question 4

In what ways is the judiciary not neutral

Answer 4

Judges come from a narrow social and professional background
During the 1980s judgements seemed to run consistently in favour of the state, against trade union rights
Many of the senior judges have also had seats in the House of Lords

Question 5

In what ways is the judiciary neutral

Answer 5

Many judgements have fallen against the government
The implementation of the Human Rights Act has given further ammunition for judges
Increase in independent-minded judges quick to defend civil liberties

Question 6

Define: Civil Liberties

Answer 6

The rights and freedoms that citizens enjoy in relation to the state and its laws

Question 7

The UK had no codified set of civil liberties until when?

Answer 7

The passage of the Human Rights Act in 1998 (implementation in 2000)

Question 8

In the 1990s there was growing concern in the UK that civil liberties were under serious threat. What were these threats

Answer 8

• Increases in police power
• Legislation, passed in the 1980s, limiting trade union activities
• Increasing quantities of information about individual citizens being held by the state
• Increasing tension between governments and the media concerning the right of the government to limit what they printed and broadcasted
• A general fear that executive power was growing and the ability of Parliament to limit that power was weakening

Question 9

How could citizens challenge any erosions of civil liberties (before 1997)

Answer 9

They could appeal to the European Court of Human Rights. However this was far from being a satisfactory safeguard as it was expensive and responses were slow

Question 10

What 2 measures were included in the Labour 1997 manifesto to safeguard civil liberties

Answer 10

• The introduction of a Freedom of Information Act

- The incorporation of the European Convention on Human Rights into British law

Question 11

The Freedom of Information Act was passed in ________, but did not come into force until January _________

Answer 11

2000

2005

Question 12

Name 3 reforms which led to a more open government

Answer 12

The Data Protection Act, 1998
The Freedom of information Act, 2000
The introduction of departmental select committees in the House of Commons

Question 13

How did the introduction of departmental select committees lead to a more open government

Answer 13

They had powers to question ministers and civil servants, as well as calling for official papers

Question 14

What does the Data Protection Act do

Answer 14

Allows citizens to see contents of any computer file about them - ensuring important personal details are accurately kept

Question 15

What does the Freedom of Information Act do

Answer 15

Gives all citizens the right to see all public documents (Exceptions include referring to national security and cabinet meetings)

Question 16

There is also a general rule attached to the legislation of the Freedom of Information Act. What is it

Answer 16

That the government can withhold information if its felt publication would cause damage to the public interest.
This is considered by critics to be too wide an exemption

Question 17

What did the 1998 Human Rights Act do

Answer 17

It stated that all legislation, actions and decisions made by government or any agency engaged in public business had to conform to the European Convention in Human Rights

Question 18

What was the crucial exemption to the Human Rights Act

Answer 18

The government were unwilling to set aside the principle of sovereignty of parliament so Parliament are not subject to the convention

Question 19

If a citizen challenges a law on the basis that it conflicts with the European Convention, the court may agree and declare the law to be ____________. However this does not mean the law is invalid, but it does mean that Parliament will be made aware of the opinion of the court. When did this occur

Answer 19

Incompatible

Belmarsh Case 2004

Question 20

Arguments in favour of a British Bill of Rights

Answer 20

The ECHR is established outside of UK Parliament’s hands
Puts too much power in the hands of judges
The over-vigourous application of the ECHR by the courts has thwarted government policy
What suits other European countries may not be applicable in the UK (E.g. Immigration and Asylum seeking)

Question 21

Arguments against a British Bill of Rights

Answer 21

Would be complicated to implement with devolution
The EU convention on Human Rights holds the govt. to account
It also protects against govt. excesses

Question 22

Erosion of judicial independence

Answer 22

The Sentencing Council - sets guidelines that judges should follow.
Judges (eg. Woolfe) are extremely willing to challenge govt. powers when individual rights are threatened (eg. Anti-Terrorism Act 2001)
Tendency of judges to become publicly involved in political controversies has angered govt. ministers (E.g Blunkett)

Question 23

What are the lower courts

Answer 23

Magistrate’s, crown and county courts

Question 24

Lower courts have a vital role in ensuring that legal _________ is delivered. This implies that all citizens should be treated ___________ under the law and that the law is applied to them in a fair way

Answer 24

Justice

Equally

Question 25

Which 2 democratic objectives does judicial review help to achieve

Answer 25

Ensures that government does not overstep its powers

The second is to assert the rights of citizens

Question 26

How did the Human Rights Act 1998 boost the courts in judicial review

Answer 26

It means that courts could review actions by government and public bodies that might contravene the European Convention on Human Rights

Question 27

Reason for using judges for public inquiries

Answer 27

As experienced judges they are used to handling such issues.

They are independent of government so that an inquiry led by a judge can be seen to be politically neutral

Question 28

How has external jurisdiction (relations with other levels of govt.) been affected

Answer 28

Devolution

European Union

Question 29

When there is a dispute over whether a matter falls under the power of British government and courts or whether it is a matter for the European Court of Justice, the case will first be referred to where

Answer 29

One of Britain’s appeal courts - the Court of Appeal or the Supreme Court. If there is a further appeal, it will pass to the European Court of Justice for a final decision

Question 30

What is the role of the Judicial Committee of the Privy Council

Answer 30

To decide who has power in particular cases: London or one of the devolved administrations