Judiciary

Question 1

What Does the UK Judiciary Consist Of, and What is the Senior Judiciary?

Answer 1

The UK Judiciary includes all judges in the court system who interpret and apply laws. It spans courts across England, Wales, Scotland, and Northern Ireland.
The Senior Judiciary consists of high-ranking judges in courts like the High Court, the Court of Appeal, and the Supreme Court.
Senior Judges’ Appointment: Senior judges are appointed through the Judicial Appointments Commission (JAC), which recommends candidates based on merit, legal qualifications, and experience.

Question 2

What is the UK Supreme Court?

Answer 2

Creation: Established by the Constitutional Reform Act 2005 and inaugurated in 2009, it replaced the Appellate Committee of the House of Lords, aiming to separate judicial functions from Parliament.
Role: It serves as the final court of appeal, adjudicates key constitutional issues, and ensures laws are correctly interpreted.
Impact: The Court has significant influence on UK law and politics, especially through judicial review and rulings on government policy, which can uphold democratic principles and safeguard individual rights.

Question 3

Key Principles and Doctrines Underpinning the Judiciary

Answer 3

Rule of Law: Law applies equally to all, limiting government power and protecting rights.
Judicial Independence: Courts operate free from political interference, ensuring impartiality.
Judicial Review: Courts can assess government decisions, protecting citizens against potential government overreach.
Separation of Powers: Judiciary, executive, and legislative branches are distinct, preventing concentration of power.

Question 4

Influence of the Judiciary on Government and Policy

Answer 4

Judicial Power: Courts interpret laws and can challenge government actions that breach legal or constitutional principles.
Arguments on Judicial Power: Some argue judges are too powerful, especially when judicial review checks government power, while others argue this is crucial for accountability and democracy.

Question 5

UK Supreme Court Ruling in the 2019 Brexit Crisis

Answer 5

In 2019, during the Brexit crisis, the Supreme Court ruled that Prime Minister Boris Johnson’s prorogation (suspension) of Parliament was unlawful, as it hindered Parliament’s ability to scrutinize the government.
Outcome: Parliament was reconvened, highlighting the judiciary’s role in upholding constitutional principles and limiting executive power.

Question 6

Composition of the Supreme Court

Answer 6

The Supreme Court comprises 12 Justices, including the President and Deputy President. Justices are appointed based on legal expertise and experience.

Question 7

What is the Judiciary?

Answer 7

The judiciary refers to the court system and its role in interpreting laws, resolving disputes, and upholding justice.

Question 8

What Constitutes the UK Judiciary?

Answer 8

The UK judiciary includes all judges and magistrates across England, Wales, Scotland, and Northern Ireland, from local magistrates to the Supreme Court.

Question 9

Powers of the Supreme Court

Answer 9

The UK Supreme Court’s main powers include interpreting laws, issuing binding rulings, and reviewing the legality of government actions through judicial review.

Question 10

Importance of the Senior Judiciary

Answer 10

Senior judges interpret complex laws, set legal precedents, and uphold constitutional principles, maintaining public trust in the legal system.

Question 11

Process for Senior Judiciary Appointment

Answer 11

Senior judges are appointed by the Judicial Appointments Commission based on merit and experience, following transparent processes to ensure independence.

Question 12

Criticisms of the Senior Judiciary

Answer 12

Criticisms include concerns over a lack of diversity and claims of potential bias or elitism, which some argue limits broader representation in judicial decision-making.

Question 13

Constitutional Reform Act 2005

Answer 13

This act created the Supreme Court, established the JAC for appointments, and reinforced judicial independence by separating judicial and parliamentary functions.

Question 14

Qualifications for Supreme Court Appointment

Answer 14

Candidates must have extensive legal experience, typically as senior judges or barristers, to be appointed to the Supreme Court.

Question 15

Reasons for Establishing the Supreme Court

Answer 15

Aimed to reinforce the separation of powers and modernize the judicial system, providing an independent, transparent, and specialized final court of appeal

Question 16

Separation of Powers

Answer 16

This principle divides government powers among executive, legislative, and judicial branches to prevent any one branch from having excessive control.

Question 17

Key Functions of the Supreme Court

Answer 17

Interpret Law: Provide final interpretations of UK law.
Judicial Review: Assess the legality of executive actions.
Constitutional Decisions: Rule on matters with constitutional significance.

Question 18

Key Doctrines and Principles of the Supreme Court

Answer 18

Rule of Law and Judicial Independence underpin its work, ensuring fair, unbiased legal interpretations and safeguarding democratic rights.

Question 19

Rule of Law and its Features

Answer 19

Definition: The idea that laws govern the nation, not arbitrary power.
Features: Equality before the law, fair trials, and accountability of all, including government officials.

Question 20

Judicial Independence and Impartiality

Answer 20

Judicial Independence: Protects judges from political pressures.
Impartiality: Judges remain neutral, ensuring unbiased decisions.
Guarantees: Ensured by fixed salaries, transparent appointments, and protections against political interference.

Question 21

Threats to Judicial Impartiality

Answer 21

Political Pressure and Public Scrutiny: Judges may face threats when ruling on contentious issues, potentially impacting their neutrality.

Question 22

Politicization of the Judiciary

Answer 22

Arguments for Politicization: Increased judicial reviews of government actions reflect greater judicial involvement in policy.
Arguments against: Courts only interpret laws rather than setting policies, maintaining impartiality and judicial restraint.

Question 23

Importance of Judicial Review

Answer 23

Judicial review allows the courts to ensure government actions are lawful, protecting citizens’ rights and upholding constitutional principles.

Question 24

Ultra Vires Cases in the Supreme Court

Answer 24

Ultra Vires: Means “beyond the powers,” where courts invalidate government actions that exceed legal authority.

Question 25

EU Law and Supreme Court Connection

Answer 25

Pre-Brexit, EU law had precedence, meaning the Supreme Court upheld EU regulations. Post-Brexit, EU law only applies to retained matters.

Question 26

Human Rights Act (HRA) and Supreme Court

Answer 26

The HRA incorporates the European Convention on Human Rights (ECHR) into UK law, and the Supreme Court enforces these rights in its rulings.

Question 27

Limits of Supreme Court Power under HRA

Answer 27

While the Supreme Court can declare laws incompatible with the HRA, it cannot overturn laws; instead, it signals Parliament to amend legislation.

Question 28

Changing Character of Judicial Action

Answer 28

The judiciary has increasingly engaged with human rights, constitutional issues, and government accountability, reflecting a broader role in recent years.

Question 29

Brexit’s Impact on the Supreme Court’s Power

Answer 29

Brexit returned more legislative power to the UK, allowing the Supreme Court to interpret domestic laws without EU oversight. However, ECHR obligations remain.

Question 30

ECHR, ECJ, and ECtHR

Answer 30

ECHR: European Convention on Human Rights, an international treaty.
ECJ: European Court of Justice, which interprets EU law (no longer applies post-Brexit).
ECtHR: European Court of Human Rights, overseeing compliance with the ECHR, still applies to the UK.

Question 31

Supreme Court’s Growing Authority and Threats

Answer 31

Increased influence on constitutional and policy issues may challenge the traditional boundaries of judicial and executive powers.

Question 32

Quasi-Legislative Role

Answer 32

When courts interpret laws with significant social impact, they may effectively influence policy, resembling a legislative role.

Question 33

Unelected Nature of the Supreme Court

Answer 33

Judges are appointed, not elected, raising debates about accountability given their increasing influence on policy and rights issues.