Judiciaryyy

Question 1

What are civil liberties

Answer 1

Range of rights and freedoms that imply the rolling back of state power and are seen as the defining feature of liberal democracies

Question 2

What are human rights

Answer 2

Rights which people are entitled to for being human and considered essential

Right to be protected from discrimination

Question 3

What is judicial independence

Answer 3

Based on strict separation and means the judiciary can experience the law accordingly no to legal training and experience

Question 4

What is judicial neutrality

Answer 4

Judges are required to be neutral and their final rulings are expected to be free from political interference

Question 5

Political activism

Answer 5

Bring about political change in support of opposition or against it

Writing letters to the prime minister

Question 6

Dispensing justice

Answer 6

Role of the judiciary

When a crime is committed the lower courts conduct fair trials and hearings and apply the law

Question 7

Interpretation

Answer 7

Role of the judiciary

Judges must decide in a dispute of what a law actually means

Sunday observance act says “no tradesman, artificer, workman, labourer of other person whatsoever” shall work sundays. In 1953 the courts ruled that whatsoever did not mean estate agents

Question 8

Creating case law

Answer 8

Role of judiciary

Often legislation has a broad aim but does not always set out clearly how the law should be applied in specific circumstances, judges must decide and create a precedent

When a employee fell through a trapdoor left open by another worker, courts applied the health and safety at work act to find the management liable

Question 9

Declaring common law

Answer 9

Role of the judiciary

There may be no statute law to deal with a case

Create a precedent

There is no act of parliament which says murder is illegal, however it has been considered illegal by the courts for hundreds of years and the precedent continues to be applied today

Question 10

Judicial review

Answer 10

Role of the judiciary

Cases where a citizen or group believe it has been mistreated by a govt body

In 2010 the govt tried to freeze the bank assets of suspected terrorist. The courts rule that the govt did not have the legal power to do this

Question 11

Public inquires

Answer 11

Role of the judiciary

Widespread matters of concern are investigated by kudges as they have experience of investigating such matters

The leveson inquiry recommended a new independent body should be set up to scrutinise the media with the power to use tough sanctions where the behaviour of the media is unacceptable

Question 12

External jurisdiction

Answer 12

Role of the judiciary

When there is dispute over which body has the power to make laws in a given area, judges must decide

The judicial committee will resolve disputes over the Westminster parliament and the devolved assemblies over who has the authority to make law in a given area

Question 13

Sentencing

Answer 13

Role of the judiciary

When awarding the punishment for a crime judges used to have a free hand but since the 90s politicians have restricted this with the introduction of minimum sentences for crimes

The criminal justice act of 2003 requires that adults found in possession of a firearm must be given at least 5 years imprisonment

Question 14

Judiciary is independent

Answer 14

Appointment process- the govt established the JAC to select candidates

Security of tenure

Pay - paid from public revenue and not determined by parliament

Freedom from criticism - forbid mps and peers from putting pressure on judges

Independent - not trained by state

Question 15

Judiciary is not independent

Answer 15

Public criticism- eg John Reid attacked the decision not to deport the murderers of London headmaster Phillip Lawrence

Willingness of ministers publicly to criticise the courts - 2010 - may criticised the refusal to deport two terrorist suspects to Pakistan

Question 16

Limits on judicial independence since 2005

Answer 16

Politicians have publicly criticised sentencing decisions made by judges eg 2011 - denzel Harvey convicted of swearing at police - justice bean overturned the conviction. Mp Phillip Davies called justice ridiculous

Politicians have publicly criticised protection of rights decisions by judges - 2011 - may criticised judges for using hra to stop deportation of two terrorist suspects due to their right to family life

Veto on judicial appointments

Question 17

Advantages in judicial independence since 2005

Answer 17

Before 2005

The role of lord chancellor was a member of the cabinet, head of judiciary and speaker in the House of Lords

Judges were chosen by the ok and the lord chancellor

Question 18

Judiciary is neutral

Answer 18

Judges are forbidden from joining political parties - constitutional reform act 2005 split the fusion of powers

Judges have to justify their interpretation - if there was an appeal a judge would have to justify their decision

Judges have legal training - judges have usually worked as barriers or junior judges for 20-30 years

Question 19

Judiciary is not neutral

Answer 19

Socially unrepresentative composition - only 3% of judges in England and Wales come from ethnic minorities

Bias towards those educated privately at oxbridge

There is still some political input into appointments despite the commission

Question 20

Examples of judicial review

Answer 20

Thatcher vs workers of the general communications hq - thatcher banned workers of the GCHQ from joining a trade union on the grounds that it could threaten national security

Judicial review - protecting the state security is one of the prime ministers prerogative powers, therefore thatcher had acted within her powers

Home Secretary v belmarsh prisoners 2004 - labour govt passed legislation allowing terror suspects to be held without trial. 8 afghan nationals held under the legislation at belmarsh prison

Judicial review - the legislation was not compatible with the hra, the govt amended the legislation as a result of the decision

Question 21

Judicial intervention in public policy has increased in recent years

Answer 21

There has been an increase in the powers of judges and they are now far more willing to get involved in political areas - the increasing use of judicial reviews has led to conflict between judges and ministers

The incorporation of the hra 1998 has led to the politicisation of the judiciary - judges can issue a declaration of incompatibility on areas of legislation which aren’t compatible wit the hra - looks bad on government if trying to pass leg that breaches human rights

Question 22

The European convention of human rights

Answer 22

Sets out a list of freedoms such as freedom of expression and the prohibition of discrimination

Via the hra 1998 the echr was incorporated into British law.

Allows British people to use the convention as a means of securing justice in British courts

Question 23

The judiciary has become too powerful

Answer 23

Unelected judges

Under British constitution it is parliament who is the protector of our main liberties

Judges lack accountability

Question 24

Judges aren’t too powerful

Answer 24

The division of the tree branches all for a protection against potential tyranny

Judges are aware of how people voted in recent elections and are not completely immune from what goes on in society

Parliament is sovereign and can ignore a decision made in court

Somebody has to react to the law and review it once it is in place

Question 25

Threats to civil liberties

Answer 25

Increase in police power - police and criminal evidence act and criminal justice and public order act

Limited trade union activities - GCHQ - pm banned workers from joining trade union

Increasing amount of information about citizens being held by state

Erosion of legal aid - people increasingly not getting support to take cases to court to protect rights

Question 26

Changes to civil liberties

Answer 26

Freedom of information act 2000 - citizens have the right to see public documents - expenses scandal 2009 - peter viggers - mp - claimed £1600 for a replica duck house

European convention on human rights incorporated into uk law - safeguards individuals civil liberties and it counter balances the power of the state

Question 27

Hra strengthens the power of judiciary

Answer 27

All actions, decisions or legislation made by government, its ministers, assemblies etc must be in line with the echr. If not the courts have the power to strike the action or legislation down

Eg belmarsh detainees case 2004

Question 28

Limitations on the power of the hra

Answer 28

Parliament is sovereign and therefore has the ability not to conform.