Judiciary 2

Question 1

When can judicial precedent be overruled

Answer 1

A higher court is able to overturn an interpretation made by a lower court. Ultimately most disputed interpretations will end up in the Supreme Court for a final decision.

Question 2

If a judge’s interpretation of the law causes a problem for the government, what may they do

Answer 2

Ministers are at liberty to ask Parliament to clarify the law by passing a new one or amending existing legislation

Question 3

How is the primacy of EU law a limitation on the judiciary

Answer 3

In areas of policy where jurisdiction has been transferred to the EU, British courts must accept the fact that EU law takes precedence over domestic law. It is the duty of the British courts to enforce EU law

Question 4

What happens when there are problems of interpretation of EU law

Answer 4

British courts pass a case up to the European Court of Justice

Question 5

4 reasons why the judiciary has become more politically important

Answer 5

They are required to enforce EU law
The Human Rights Act
The 2005 Constitutional Reform Act made the judiciary more independent
Senior judges are now appointed independently of government so they are more independent-minded

Question 6

How does growing judicial power

Answer 6

By interpreting the law, judges set legal precedents which essentially create new laws, some argue that this is threatening the sovereignty of parliament

Question 7

Reasons why growing judicial power is controversial

Answer 7

Threatens sovereignty of parliament
Judges are unelected
Risk to security
Hold govt. back

Question 8

Many ministers have asserted that judges’ decisions are threatening government policies in certain areas such as:

Answer 8

Combating terrorism

Controlling immigration

Question 9

An essential feature of any healthy democracy is that the judicial branch should be ______________ of the government

Answer 9

Independent

Question 10

Reasons why the independence of the judiciary is important

Answer 10

Government could exceed powers without legal justification
Rule of law - Protects minorities
Prevents collusion between the judiciary and the government

Question 11

Define: Judicial independence

Answer 11

The principle that members of the judiciary should retain independence from any influence by government or parties or other political movements

Question 12

Ways independence of the judiciary is maintained

Answer 12

Security of tenure
Independent appointments
Training and experience
Contempt (sub judice rule - No member of govt. can interfere (no pressure))

Question 13

Threats to the independence of the judiciary

Answer 13

The govt. retains control of the legal system through the justice ministry
Pressure from politicians
PM’s veto over appointments

Question 14

How are most judges appointed

Answer 14

By a Judicial Appointments Commission

Question 15

What are the 4 limitations, principles and safeguards of the judiciary

Answer 15

Sovereignty of Parliament
Rule of law
Judicial precedent
Primacy of EU law

Question 16

Limitation, safeguard or principle: Sovereignty of parliament

Answer 16

Principle and limitation

Question 17

Limitation, safeguard or principle: Rule of law

Answer 17

Principle and safeguard

Question 18

Limitation, safeguard or principle: Judicial precedent

Answer 18

All 3

Question 19

Limitation, safeguard or principle: Primacy of EU law

Answer 19

Principle

Question 20

How is sovereignty of parliament a limitation on the judiciary

Answer 20

The courts cannot set a law aside - they must enforce it

Question 21

How is rule of law a safeguard on the judiciary

Answer 21

The judiciary must always apply the principle that all citizens are equal under the law

Question 22

What is judicial precedent

Answer 22

Judicial precedent is a decision of the court used as a source for future decision making. Only a higher court is able to overturn an interpretation made by a lower court. Ultimately, most disputed interpretations will end up in the supreme court for a final decision

Question 23

What is primacy of EU law

Answer 23

In areas of policy where jurisdiction have been transferred to the EU, British courts must accept the fact that EU law takes precedence over domestic law

Question 24

Functions of the judiciary

Answer 24

Dispensing justice
Interpretation
Creating case law
Judicial review
Public inquiries
Sentencing issues

Question 25

What is case law

Answer 25

When a judgement is made, it is expected that similar future cases that arise should be dealt with in the same way

Question 26

What is common law

Answer 26

Rules of law that have developed solely by tradition

Question 27

What is external jurisdiction

Answer 27

Where the courts have to settle disputes concerning separate assemblies - Who has the power in particular cases (Eg. Devolved assemblies / European Union)

Question 28

What were the reasons for judicial reform

Answer 28

Role of Chancellor - In all 3 branches of government
Senior judges were appointed by the PM
Judges were also members of the legislature (House of Lords)

Question 29

What was included in the Constitutional Reform Act of 2005

Answer 29

Lord Chancellor became only part of the executive - not the legislature
New Judicial Appointments Commission was set up - Judges now independently selected
12 Law Lords from HoL were moved to a new Supreme Court