Judiciary

Question 1

Judiciary (5)

Answer 1

• Branch of government
• Responsible for deciding legal disputes
• Presides over court system
• Meant to be independent and neutral
• They interpret the law but don’t construct it

Question 2

Judicial independence (4)

Answer 2

• Principal that actions/decisions of judges shouldn’t be influenced by pressure from other branches of government
• Based on separation of powers
• Ensures law can constrain government
• Rise of judicial activism shows its intact e.g Lord Neuberger, attacked Theresa May for criticising judges over deportation

Question 3

Judicial neutrality (5)

Answer 3

• Absence of any form of partisanship, commitment, prejudices and biases
• e.g can’t be members of political parties
• Refusal to take sides
• Allows them to make fair decisions
• Concerns raised e.g Lord Donaldson was a former Conservative councillor and publicly criticised trade unions

Question 4

Civil liberty/civil liberties (7)

Answer 4

• A range of rights/freedoms belonging to citizens
• Mark out a ‘private’ realm which government should leave alone
• ‘Negative’ as they demand non-interference
• Similar to and often overlap with human rights but not the same
• Civil liberties are based on citizenship and specific to the state (HRs are universal)
• e.g freedom of speech, freedom of press, freedom of religion
• Not the same as civil rights - ‘positive’ rights of access to power/participation

Question 5

Rule of law (7)

Answer 5

• Law should ‘rule’
• It applies to the conduct/behaviour of all
• Covers both private citizens and public officials
• No one is ‘above’ the law
• Equality before the law
• Law is alway applied
• Legal redress is available to all through courts