Judiciary Flashcards
What is the role of judges in the judiciary?
Judges apply the law as stated by Parliament independently, presiding over civil and criminal cases.
Who is the head of the judiciary in the UK?
The Lord Chief Justice.
What is the hierarchy of courts in the UK judiciary?
Supreme Court, Court of Appeal, High Court, Crown Court, County Court, Magistrates Court.
How are judges appointed according to the Constitutional Reform Act 2005?
Judicial appointments are managed by the Judicial Appointments Commission, and candidates apply for posts that are advertised.
What changes did the Tribunal Courts and Enforcement Act 2007 introduce?
Widened legal qualifications for judges, allowed diverse experience for applicants, and reduced experience requirements for judicial posts.
What is the main objective of the Constitutional Reform Act 2005?
To uphold the independence of the judiciary.
What qualification is needed to sit as a High Court Judge?
A minimum of 15 years senior court qualification.
What is the maximum appointment term for a Recorder?
Five years, and they usually work part-time.
How long must a candidate be a barrister or solicitor to be eligible for a Recorder position?
Seven years.
What is the role of the Lord Chancellor in judicial appointments post-2005?
The Lord Chancellor’s role is minimal, involved only in the appointment of superior judges.
What is the role of the Judicial Appointments Commission (JAC)?
To manage the appointment of judges, ensuring appointments are based on merit and widely advertised.
What are the three main elements of judicial training?
Knowledge of substantive law, acquisition of judicial skills, and understanding the social context of judging.
What does ‘security of tenure’ mean for judges?
Judges should not be at risk of removal due to government disagreement with their decisions.
How can judges declare UK legislation incompatible with European law?
By issuing declarations of incompatibility under the Human Rights Act.
What is the retirement age for judges in the UK?
Judges usually retire at the age of 70.
What happens if a judge is accused of misconduct?
The Judicial Conduct Investigations Office can investigate and potentially remove judges from office.
What percentage of Court of Appeal judges were female as of April 2021?
0.21
What is a puisne judge?
A junior judge in the High Court.
What were judges often criticized for regarding demographics?
Being ‘male, stale, and pale’.
What does the phrase ‘the rule of law’ signify in relation to judges?
Judges must interpret the law independently and uphold legal principles without outside influence.
What are inferior judges in the UK?
Judges in lower courts such as the Magistrates Court with less security of tenure.
What is one significant impact of the Constitutional Reform Act 2005 on the selection process of judges?
The process became more transparent and separate from political influence.
What is the judicial training induction program?
A program that new judges undergo at their first appointment, including mentoring by experienced judges.
What is the role of judges in civil cases?
Judges determine liability and the amount of damages to be awarded.