Judiciary

Question 1

Organisation of UK courts:

Answer 1

Supreme Court (created in 2009)

Court of appeal (criminal and civil divisions)

High court

Country/Crown court

Question 2

What do judges at all levels ensure:

Answer 2

That justice is done and law is upheld

Question 3

What is the role of the lower levels of court?

Answer 3

Main role of the judge is to preside over trials and impose sentences

Question 4

What is the role of the high court?

Answer 4

Judges here more serious cases and hear cases on appeal

Question 5

What is the judges role from the court appeal level and above:

Answer 5

Judges are concerned with clarifying the meaning of law, not just applying it. They set precedent.

Question 6

What is the role of cases heard at Court of appeal level:

Answer 6

Normally a result of confusion from the lower courts. They also deal with cases arriving from HRA 1998

Question 7

What is the judiciary?

Answer 7

One of the three branches of government

Used as a wide term for anyone that is involved in the administration and application of justice

Branch of government responsible for the adjudication of law and arbitration between parties in any legal dispute

Question 8

The High Court:

Answer 8

Where appeals against decisions made by public bodies tend to appear first

Where judges may first be asked to interpret laws and define their meaning or application

Question 9

The Appeal Court:

Answer 9

Appeal Court is divided into criminal and civil appeal courts

May hear appeals from the High Court where it is felt that a further look at the interpretation of the law and the constitution by more senior judges is needed

Question 10

The Supreme Court:

Answer 10

12 most senior judges sit in Supreme Court

They hear appeals from lower courts

Judgements of the Supreme Court are considered to be binding on the whole legal system

Cases which may have wide and important political significance usually end up in the Supreme Court

Question 11

European court of Human Rights:

Answer 11

Hears appeals concerning possible infringements of human rights

Appeals to this court takes place when the BC, including the SC, have already considered issues

Decisions of the European Court of Human Rights are based on the European Convention of HR

Question 12

European Court of Justice:

Answer 12

Part of the EU

Hears appeals concerning the meaning and application of EU law

It’s decisions are binding on the British government and parliament

Question 13

Rule of law:

Answer 13

Principle that all should be treated equally under the law

Question 14

How is the rule of law applied:

Answer 14

Courts may conduct a judicial review of a decision made by a public body, especially a government department or local authority

Appeal courts may hear claims that a decision of a lower court treated an individual unequally

Question 15

Civil liberties:

Answer 15

Rights and freedoms that are guaranteed by law, either statue law or common law

Question 16

What is a judicial review?

Answer 16

Held in response to a request by an individual or association that wishes to challenge a decision or a policy adopted by a public body or a law passed by Parliament

Question 17

Judicial independence:

Answer 17

Principle that judges should be free from any political interference and should not be placed under political pressure when making judgements, interpretations and decisions

Question 18

Why an independent judiciary is important:

Answer 18

Rights of groups and individuals can be protected from abuse from government or other organisations

Upholds the idea that the government should not be allowed to exceed its legal powers

Rule of law can be better protected by independent judges

Question 19

How the independence of the judiciary in England and Wales is protected:

Answer 19

Judges cannot be dismissed on the basis of their decisions - means that government cannot put pressure on judges - security of tenure

Salaries of judges are protected and guaranteed

When a case is sub judice, no one is allowed to comment on it

All judges are appointed by an independent judicial appointments commission

Question 20

Judicial neutrality:

Answer 20

Principle that judges should show no political or cultural bias when reaching verdicts, making decisions and deciding on interpretations

Question 21

Main principles of judicial neutrality:

Answer 21

Judges must not be politically active

Expected that judges should show no favour to any group in society

Judges trained to make decisions based purely on law and on the rule of law, not on basis of personal opinions

Question 22

Examples of the terms of the ECHR:

Answer 22

Right to life

Right to privacy

Right to free expression

Right to free assembly

Right to free belief

Right to be free from discrimination

Right to a fair trial

Question 23

How judges can protect civil liberties:

Answer 23

Can refer to the ECHR and decide that a right has been infringed

May declare the common law has been offended and change a decision

May refer to a parliamentary statue which protects a particular right

Question 24

Strengths of judicial protection of liberties:

Answer 24

Passage of the HRA has added a codified set of rights to which judges can refer

Since 1960s lots of legislation passed that asserts civil liberties

As judiciary has become more independent, also become more active in its protection of rights

Growth of judicial review has brought judges to the forefront of enforcing rights and equality

Question 25

Limitations of judicial protection of liberties:

Answer 25

Courts cannot be proactive in their protection of rights

The ECHR is not binding on Parliament, judges are powerless to overturn laws that infringe rights

Judges cannot prevent the government from passing new legislation to prevent the courts making similar decisions in the future