Judiciary Flashcards
What is the judiciary
The branch of government that is responsible for deciding legal disputes and which presides over the court system
What do judges do
Preside over court proceedings
Interpret and apply the law
Make law
Decide sentencing
Chair public inquires and commissions
What is the rule of law
The principle that law should rule in the sense that it applies to all conduct or behaviour and covers both private citizens and public officials
Principles of the rule of law
No one is above the law
Equality before the law
The law is always applied
Legal redress is available through the courts
Problems with no one being above the law principle
As parliemt is sovereign it can make, unmake and amend any law it wishes
The queen is not properly subject to the law
Problem with equality before the law principle
Legal disputes may be prohibitively costly for many, and only the wealthy can afford to be represented by top lawyers
Judges may be biased as most come from narrow privileged backgrounds
Access to legal aid is not always easy
Problems with the law is always applied principle
Not all crimes are reported
Many crimes are not detected
Trial by the media
Problem with legal redress principle
No entrenched bill of rights
The human rights act can be set aside if Parliament wishes
Access to European court of human rights is expensive and time consuming
What are human rights
Rights to which people are entitled by virtue of being human
How can judges be political
External bias - influence that other political bodies are able to exert on judiciary
Internal bias - prejudices and sympathies of judges themselves
What is judicial independence
The principle that the actions and decisions of judges should not be influenced by pressure from other branches of govt
How is the independence of the judiciary maintained
Appointment process Security of tenure Pay Freedom from criticism Independent legal profession Role of lord chancellor Creation of the Supreme Court
What is judicial activism
The willingness of judges to arbitrate in political disputes as opposed to merely declaring the letter of the law
What is neutrality
The absence of any form of partisanship or commitment, a refusal to take sides
How is judicial neutrality maintained
Political restrictions
Legal training
Accountability
Not public figures
