Judiciary Flashcards
Which part of the judiciary has authority in all parts of the UK
UK Supreme Court
What are the key principles of the judiciary
Judicial independence and impartiality
Separation of power
Ultra vires
Judicial review
What is judicial independence
Notion that judges are free from government interference
How is judicial independence accomplished
Independent appointments process
Security of tenure
Salaries are set by an independent body
How has the judiciary got separation of powers? Why is this important?
Both physically and in terms of personnel
Helps uphold judicial independence and rule of law
What does ultra vires means
Everyone is subject to the law of the land
If government or other public bodies exceed their power, their actions are declared ultra vires
What is judicial review
A court proceeding in which judges review the legality of a decision or action made by a public body including the government
Ways the judiciary is too power
Unelected
HRA 1998 - get involved in politics and clash with government - undermines parliamentary sovereignty
Can force government to change their policies
Ways the judiciary are not too powerful
Judges need to be independent to stay impartial and fair
Judges only interpret laws passed by parliament
Judges are very experienced - better suited then politicians
Judges only make sure politicians stick to the rules
What are judicial appointments based on
Merit
Experience
Since 2006 who have appointed all judges below the Supreme Court
Independent Judicial appointments commission (JAC)
Who did appointments before JAC
The Lord Chancellor
What has the judiciary accused as being
“Too privileged, pale and male”
What percentage of the Supreme Court were women in 2021
17%
What percentage of the Supreme Court were black in 2021
0%
How many Supreme Court judges were from oxbridge in 2021
11 of 12
Does lack of diversity matter - no
Judges are not representatives - chosen for expertise
Only there to apply the law
Diversity is greater lower down the judiciary
Best qualified
Would lead to politicisation
Does lack of diversity matter - yes
Don’t reflect British society
Harder for judges to understand cultural context
Reduces public trust
When did the Supreme Court open
2009
What created the Supreme Court
The Constitutional Reform Act 2005
What did the Supreme Court replace as the highest court
Law Lords
How many judges in the uk Supreme Court
12
What are the appointment requirement for the Supreme Court
Either a minimum of 2 years in a senior judicial role or 15 years as a barrister or solicitor
What age do most Supreme Court judges retire
70
Under the HRA 1998, what can the UK Supreme Court declare a law
Declaration of Incompatibility
What are some key cases
Miller 1
Miller 2
Example of the court making the government change policy
Belmarsh prison case
Example of the government ignoring an incompatibility ruling
David Cameron prisoner voting ban
