Judiciary 1 Flashcards
When referring to the ‘three branches of government’ - the judiciary only deals with whom
The judges who are directly involved with the process of law making and politics
Define: Judicial Neutrality
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
What does judicial independence imply
It implies that judges are kept free from political pressure
In what ways is the judiciary not neutral
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
In what ways is the judiciary neutral
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
Define: Civil Liberties
The rights and freedoms that citizens enjoy in relation to the state and its laws
The UK had no codified set of civil liberties until when?
The passage of the Human Rights Act in 1998 (implementation in 2000)
In the 1990s there was growing concern in the UK that civil liberties were under serious threat. What were these threats
- 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
How could citizens challenge any erosions of civil liberties (before 1997)
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
What 2 measures were included in the Labour 1997 manifesto to safeguard civil liberties
- The introduction of a Freedom of Information Act
- The incorporation of the European Convention on Human Rights into British law
The Freedom of Information Act was passed in ________, but did not come into force until January _________
2000
2005
Name 3 reforms which led to a more open government
The Data Protection Act, 1998
The Freedom of information Act, 2000
The introduction of departmental select committees in the House of Commons
How did the introduction of departmental select committees lead to a more open government
They had powers to question ministers and civil servants, as well as calling for official papers
What does the Data Protection Act do
Allows citizens to see contents of any computer file about them - ensuring important personal details are accurately kept
What does the Freedom of Information Act do
Gives all citizens the right to see all public documents (Exceptions include referring to national security and cabinet meetings)
There is also a general rule attached to the legislation of the Freedom of Information Act. What is it
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
What did the 1998 Human Rights Act do
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
What was the crucial exemption to the Human Rights Act
The government were unwilling to set aside the principle of sovereignty of parliament so Parliament are not subject to the convention
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
Incompatible
Belmarsh Case 2004
Arguments in favour of a British Bill of Rights
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)
Arguments against a British Bill of Rights
Would be complicated to implement with devolution
The EU convention on Human Rights holds the govt. to account
It also protects against govt. excesses
Erosion of judicial independence
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)
What are the lower courts
Magistrate’s, crown and county courts
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
Justice
Equally
