Judiciary

Question 1

Define Judicial review

Answer 1

The power of the judiciary to review action/laws/decrees of the other branches.

Question 2

Role of judges

Answer 2

The law: Interpret and apply the law, ‘Making’ law- common law
Court proceedings: deciding sentencing, ensuring a fair trial

Question 3

Define separation of powers

Answer 3

The three branches of Government are largely independent- constitutional reform 2005

Question 4

Powers of the supreme court

Answer 4

Incompatibility with HR, EU incompatibility, ultra vires

Question 5

Explain Incompatibility with HR

Answer 5

HR derives fro the ECHR. Supreme court can state statue laws incompatible.

Question 6

Example of the supreme court using incompatibility with HR

Answer 6

1. R and A vs the secretary of work and pensions: cases on the bedroom tax on council houses, R= a disabled boy needed the spare room for a career, A= a women using the room as a safe room from her violent ex boyfriend.
   Supreme court ruled it was incompatible with HR- freedom from discrimination of the disabled.
2. Gillian and Quinton v uk (2011): Due to the terrorism act 2000 they were stopped and searched in an arms fair. However the supreme court ruled this was against their right to a family and private life.
   OVERRULED: Remedial order creating the terrorism reform act, allowing if under reasonable suspicion

Question 7

Explain the EU incompatibility

Answer 7

Due to the doctrine of supremacy EU law takes precedence over UK law- has the backing of the European courts.

Question 8

Example of using EU incompatibility

Answer 8

1. Factortame case 1991: Spanish fishermen were fishing in UK waters- the UK Government ruled it was n’t allowed due to the Rome agreement. However the supreme court ruled it was allowed because part of EU law.
2. Janah and lybia case 2013

Question 9

Explain ultra vires

Answer 9

An MP acting beyond their powers of the legislative branch. Process of judicial review testing the lawfulness of a case.

Question 10

2 Examples of using ultra vires

Answer 10

1. Ahmed and others vs HM treasury 2010: Government froze the assets of people under suspicion of terrorism. The supreme ruled the Government was acting ultra vires.
   OVERRULED: remedial order creating the terrorism asset freezing act
2. Theresa May immigration points system: points awarded to immigrants depending on their skills- rejected in Parliament. R v home secretary- May argued that immigrant should have point system. Supreme Court ruled May acting ultra vires.

Question 11

Define Judicial independence

Answer 11

The idea that the judiciary is separate from the other branches and can’t be influenced.

Question 12

How is Judicial independence maintained?

Answer 12

• Appointed in a separately
• security of tenure- job security
• Pay is protected
• Freedom from criticism
• Constitutional reform 2005- separated from HOL

Question 13

Examples of breaching judicial independence

Answer 13

1. Cameron commented on the Nigella Lawson case, saying he was “team Nigella”- could sway judges opinion
2. May commented on the Abu Quatada case of immigration- saying it was awful that he hadn’t been deported.

Question 14

Define Judicial Neutrality

Answer 14

The idea that the judges should be free from political sympathies- shouldn’t allow their own beliefs to obstruct.

Question 15

How is judicial neutrality maintained?

Answer 15

• prohibition of direct poiltical action
• Not public figures
• Legal training

Question 16

Examples of breaching judicial neutrality

Answer 16

1. Sir Coleridge criticised the government for too much focus on minority issue same sex marriage.
2. Judges criticised the government for use of secret courts

Question 17

Arguments fro a bill of rights

Answer 17

1. Protects civil liberties: No longer down to debate of the definition e.g. Theresa May
2. Permanent: Can’t be repealed and Governments can’t change it = more trust and confidence in the government.
3. Educates: easier to understand and strengthens awareness= more likely to abide
4. Consensus of rights: Already the foundations in HR and ECHR= not a controversial decision and makes it easier to do

Question 18

Arguments against a bill of rights

Answer 18

1. Transfers power to the judiciary: able to make laws and interpret= even though not elected + sacrifices parliamentary sovereignty.
2. Politicization: power= pressure = harder to maintain judicial independence and neutrality
3. Ignore civic duties: too much focus on civil liberties= wider needs are gone such as social cohesion
4. Prevents organic evolvement: impossible to change

Question 19

Define super injunction

Answer 19

Courts granting a case the right to privacy, no media coverage is allowed. e.g. Jeremy Clarkson and affairs