Brainscape's Knowledge GenomeTM

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


See full index

UK Government and Politics > Judiciary > Flashcards

Judiciary Flashcards

1
Q

What did the Constitutional Reform Act 2005 do?

A

Turned the fusion of powers into the judiciary being separate from the legislature and the executive.

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

Who used to be chief justice?

A

Lord Chancellor

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

What was the issue with having the Lord Chancellor as chief justice?

A

Was a member of all three branches of government

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

Who was the first woman to serve as President of the Supreme Court?

A

Brenda Hale

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

What was the court ruling in September 2019?

A

The prime minister had acted unlawfully in proroguing parliament.

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

What is the judiciary?

A

All those directly involved in the administration and application of justice

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

What was the highest court of appeal?

A

Law Lords and the Appellate Committee of the House of Laws

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

What is the highest court of appeal now?

A

Supreme Court and the 12 justices on the bench

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

What three systems play a part in the UK Supreme Court?

A

High Court Justiciary and Court of Session in Scotland, the Court of Judicature in Northern Ireland and the Court of Appeal in England and Wales.

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

What is the court below the Supreme Court?

A

Court of Appeals - split into criminal and civil divisions

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

What is the senior judiciary?

A

Comprises of justices in the Supreme Court, head of divisions, Lord Justices of Appeal, High court Judges and deputy High Court judges.

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

What do senior judges do?

A

Use their power of judicial review to clarify or establish a legal position where statute law is unclear or absent.

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

What is common law?

A

Formed of legal precedents thats serves as a guide to both lower courts and future lawmakers

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

What was the old appointment process?

A

Secret soundings - close associates to the Lord Chancellor - only drawn from a small social circle

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

What did the CRA do to the appointmnets process?

A

Reduced the power of the Lord Chancellor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Who is now in charge of the appointment process?

A

Judicial Appointments Commission

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

What are the requirements for becoming a Supreme Court justice?

A

Either hold high judicial office for at least 2 years or have 15 years as a qualified practicioner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How many members are on the selection committee?

A

5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does the Lord Chancellor have the right to?

A

Veto a decision - means the commission has to reconsider its selection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the benefits of the new system?

A

Meritocracy rather than cronyism, scrutiny and a thorough process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are the drawbacks of the new system?

A

Complicated and the Lord Chancellor can still veto an appointment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the rule of law?

A

No one is above the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the role of judges?

A

Interpreting statutes and dispensing justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What does the separation of powers help do?

A

Protect freedom and ensure no party of the government is too powerful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Can judges overturn statutes?

A

No - parliament is sovereign

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What law used to take precedent?

A

EU law - 1991 High Court ruled that UK law had to be set aside - ditched after Brexit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What has meant that the role of the judiciary has grown?

A

HRA and CRA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is judicial independence?

A

Members of the judiciary should be separate and independent from government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What does security of tenure mean?

A

Judges cannot be removed or disciplined by the government - only on misconduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What does judges having high salaries mean?

A

Prevent corruption - not voted on by parliament - Consolidated fund

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is contempt of court?

A

Illegal for any MP or Peer to interfere with the result of a court case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What else is covered under contempt of court?

A

Media and politicians cannot comment on an ongoing case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is convention that politicians do not do?

A

Criticise court rulings

34
Q

What is the importance of judges legal training in upholding judicial independence?

A

They have proved themselves as neutral, fair and judging cases on legal principles - appointed on track record not on politics

35
Q

What can some judicial decisions have?

A

Political consequences - sometimes controversial

36
Q

Who has overall control of the legal system?

A

Justice Ministry and the government

37
Q

What has become an increasing tendency?

A

Politicians to have an open discussion on sentences and protection of rights - indirect pressure on the judiciary

38
Q

What is evidence of judges trying to maintain independence?

A

Activism - proper application of law

39
Q

What is judicial neutrality?

A

Judiciary should avoid allowing their personal opinions to affect their decisions in cases

40
Q

What should judges not show?

A

Systematic bias towards or against any groups in society

41
Q

What are judges not allowed to do?

A

Be members of political parties

42
Q

What does a narrow pool of recruitment mean?

A

Judges don’t represent society - all have the same views

43
Q

How have judges been perceived as liberal?

A

Criticisms of government decisions when they undermine the liberties of citizens

44
Q

Who lost a series of cases in 1990 against prisoners?

A

Michael Howard

45
Q

What proportion of magistrates are women?

A

50%

46
Q

What is judicial review?

A

Someone challenges the government on the basis that they have exceeded their powers

47
Q

What does ultra vires mean?

A

Beyond its power

48
Q

What has happened to the number of judicial review cases?

A

Increased dramatically

49
Q

How many times was Howard overruled between 1992-6?

A

10 times

50
Q

What was declared unlawful in 2010?

A

Interim cap on migration - not been brought before parliament for discussion

51
Q

What did the Supreme court argue in 2010?

A

Government did not have the legal power to freeze the assets of suspected terrorists

52
Q

What did the Court of Appeal argue?

A

Hunt did not have the power to order the closure of Lewisham A&E - breached NHS Act 2006

53
Q

How can Judges make their decisions?

A

Only rule that the body has exceeded the powers given to it in law or that the law has been applied unfairly

54
Q

What was passed in 2000?

A

Freedom of Information Act

55
Q

What did the FIA do?

A

Gave citizens the right to see all public documents

56
Q

What is the limitation to the FIA?

A

Government can withhold information if it felt that the publication would cause damage to public interest

57
Q

What can judges be asked to do?

A

Chair public enquiries

58
Q

What was the 2003 Hutton Inquiry?

A

Circumstances around the death of the weapons inspector David Kelly

59
Q

What was the Gibson Inquiry?

A

2010 - British intelligence services thought to be involved with US forces in the torture of terrorist suspects.

60
Q

What was the inquiry into the phone hacking?

A

2011 Leveson Inquiry

61
Q

When was the Grenfell Inquiry?

A

2017

62
Q

What must the law be under the rule of law?

A

Knowable and accessible

63
Q

Where do features of the rule of law feature?

A

Bill of Rights 1689

64
Q

What strand of the rule of law did Belmarsh undermine?

A

No one can be punished without trial

65
Q

What does parliamentary privilege undermine

A

No one is above - also Prince Andrew and Partygate and Cummings

66
Q

What does parliamentary sovereignty undermine?

A

That general principles of the constitution derive from judges decisions

67
Q

What is the average age of the supreme court in 2021?

A

65

68
Q

Has there ever been a BAME supreme court justice?

A

No

69
Q

How many male justices have there been?

A

27

70
Q

How many female justices are there?

A

Only ever been 4

71
Q

When was the Reilly v Secretary of State for Work and Pensions case?

A

2013

72
Q

What was the 2013 case a dispute over?

A

Lawfulness of “welfare to work”

73
Q

What was the result of the 2016

A

The government had acted ultra vires

74
Q

What was the HM Treasury vs Ahmed case?

A

2010 - freeze assets of people who have been associated with Al Quaida - claimant successful

75
Q

Another example of JR?

A

Miller case in 2017

76
Q

What proportion of cases find against the public body?

A

36%

77
Q

What is a delcaration of incompatibility?

A

Allowed by the HRA - non binding - a law doesn’t work with the HRA

78
Q

What case put EU law as precedent?

A

Factortame

79
Q

What treaty brought UK judges into conflict with both parliament and the executive?

A

Maastricht Treaty

80
Q

Example of a HRA case

A

Naomi Campbell - right to privacy vs freedom of speech/ of the press

UK Government and Politics (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions