judiciary Flashcards
powers of supreme court
hear appeals and review other actions of other public bodies
describe ‘joint enterprise’ 2016
10th june 2011, paul Fyfe was stabbed by man called Hirsi who was encouraged by Jogee
= Jougee found guilty of murder under Joint Enterprise 1985
= his appeal taken to supreme court= shortened his sentence from 20 to 18 years
define judiciary
refers collectively to all judges and those serving in supreme court and those that encompass the direct application of justice
describe Constitutional Reform Act 2005
reduced power of Lord Chancellor
= places most senior judicial appointments in hands of independent Judicial Appointments Commission
= introduced creation of supreme court to enhance separation of powers
where was supreme court originally
chamber in the HOL
define secret soundings
informal way senior judges were once appointed to decrease transparency
= Lord Chancellor consulted in secret with close associates
functions of supreme court after 2005 CRA Act
- act as final court of appeal in England, Wales and NI
= hear appeals from civil servants - clarify meaning of law, by hearing appeals in cases where there is uncertainty
issues that the 2005 CRA Act responded to
- concerns over incomplete separation of powers
= position of Lord Chancellor and presence of Lords - criticism of opaque system under which senior judges like Law Lords were appointed
- confusion over work of Lords
= widespread failure to understand distinction between HOL legislative and judicial functions
define judicial neutrality
judges operate impartially in their administration of justice
= wo bias
define judicial independence
principle that judiciary should be free from political control
criticisms of old Law Lords
lack of representation- mainly white, male, beyond middle age and private education
- average age of 68, 83% male and 92% Oxbridge education
