Judiciary Flashcards
Organisation of UK courts:
Supreme Court (created in 2009)
Court of appeal (criminal and civil divisions)
High court
Country/Crown court
What do judges at all levels ensure:
That justice is done and law is upheld
What is the role of the lower levels of court?
Main role of the judge is to preside over trials and impose sentences
What is the role of the high court?
Judges here more serious cases and hear cases on appeal
What is the judges role from the court appeal level and above:
Judges are concerned with clarifying the meaning of law, not just applying it. They set precedent.
What is the role of cases heard at Court of appeal level:
Normally a result of confusion from the lower courts. They also deal with cases arriving from HRA 1998
What is the judiciary?
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
The High Court:
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
The Appeal Court:
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
The Supreme Court:
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
European court of Human Rights:
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
European Court of Justice:
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
Rule of law:
Principle that all should be treated equally under the law
How is the rule of law applied:
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
Civil liberties:
Rights and freedoms that are guaranteed by law, either statue law or common law
What is a judicial review?
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
Judicial independence:
Principle that judges should be free from any political interference and should not be placed under political pressure when making judgements, interpretations and decisions
Why an independent judiciary is important:
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
How the independence of the judiciary in England and Wales is protected:
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
Judicial neutrality:
Principle that judges should show no political or cultural bias when reaching verdicts, making decisions and deciding on interpretations
Main principles of judicial neutrality:
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
Examples of the terms of the ECHR:
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
How judges can protect civil liberties:
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
Strengths of judicial protection of liberties:
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
Limitations of judicial protection of liberties:
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
