Judiciary

Question 1

Has the UK judiciary become more politicised in recent years?
- yes

Answer 1

• HRA 1998 drew senior judges into view as made them rule of merit of law instead of its application
• Factortame established that courts could suspend acts if they were thought to contradict EU law
• creation of SC brought them into the media
• politicians broken convention by publicly criticising rulings

Question 2

Has the UK judiciary become more politicised in recent years?
- no

Answer 2

• JAC enhanced transparency
• UK judges more independent as 2005 CRA, downgrading of law lords
• increased conflict between politicians and judges show that courts are challenging gov for benefit of citizens
• security of tenure and fixed salaries help to insulate them from political pressure

Question 3

Has the judiciary had a greater impact on executive and P?
- yes

Answer 3

• CRA 2005, enhaned independence
• separation of buildings allows judges to develop public profile
• HRA 1998, made judges question P and actions of those working in exec
• Precedent under factortame allowed senior judges to susend actions of P and exec
• judicial action growth, exec and P had to make sure there was no conflict with HRA and EU

Question 4

Has the judiciary had a greater impact on the executive and P?
- no

Answer 4

• relocation did little change to relationship between judiciary, exec and P
• HRA gives judges right to issue ‘incompatible’ P under no obligation to fall into line with the courts ruling
• senior judges ability to rule actions ultra vires those same ministers can use exec control of P to pass legislation legitimising their earlier actions
• and change to HRA could limit courts power drastically