Judiciary Flashcards
What is the Supreme Court?
This comprises of 12 justices; the Supreme Court acts as the final court of appeal for all cases in England, Wales and Northern Ireland, as well as hearing appeals from civil cases in Scotland, and plays a key role in establishing legal precedent, by hearing appeals and laying down case law in cases where there is legal uncertainty.
What is the definition of Judicial Independence?
The principle that those in the judiciary should be free from political control. Such independence allows judges to ‘do the right thing’ and apply justice property, without fear of the consequences.
What is the definition of Judicial Impartiality?
Where judges operate without personal bias in their administration of justice. It is an essential requirement of the rule of law.
What is the Separation of Powers?
A doctrine that requires that the three elements of government power - legislative, executive and judicial - be held by separate branches of government in order to prevent tyranny:
- The legislative legislates (makes the laws)
- The executive branch has the role of executing policy (puts laws into effect)
- The judiciary is charged with the task of enforcing and interpreting the laws
What does ‘ultra vires’ mean?
From the Latin meaning ‘beyond the authority’ or ‘beyond one’s powers’. The process of judicial review can be used to determine whether or not a minister or other government officer has acted ultra vires: that is, beyond the authority granted to them in law.
What is the definition of Judicial Review?
The process by which judges review the actions of public officials of public bodies in order to determine whether or not they have acted in a manner that is lawful.
