Law Sec. A, The Judiciary

Question 1

Contexts

Answer 1

Most superior if in SC
May be out of touch with society
Male dominated
29% women at superior level
5% of judges are Asian
1% of judges are black
72% of judges are 50+

Question 2

Role of the Justices of the Supreme Court

Answer 2

Superior
Sits in SC
12 Justices
Final appeal court

Question 3

Role of Lord Justices of Appeal

Answer 3

Superior
Sit in CoA
Hear appeals from county/high court (civil) and crown (crim)

Question 4

Role of High Court Judge

Answer 4

Superior
Sit in high court
KBD (contract), chancery (commercial), family

Question 5

Role of Circuit Judges (criminal)

Answer 5

Inferior
Sit in crown court
Hears cases and trials
Deals with guilty offenders

Question 6

Role of Circuit Judges (civil)

Answer 6

Inferior
Sit in county court
Tort/contact cases
Land disputes
Family work

Question 7

Role of District Judges (criminal)

Answer 7

Inferior
Magistrates court
Summary/either way, sits alone, applies the law

Question 8

Role of District Judges (civil)

Answer 8

Inferior
Sit in county court
Small claims track
Sits alone
Pre-trial management
Applies law

Question 9

Political Role of the Judiciary

Answer 9

Dispenses justice
Interprets law
Creates case law
Declares common law (rules of behaviour developed though tradition rather than law)
Decides punishments
External jurisdiction of EU
Public inquiries
Judicial review (citizens can appeal)

Question 10

Judicial Independence

Answer 10

Checks on gov
Everyone has the right to a fair trial
Separation of Powers (18th cent)
Judges cannot be removed on grounds of their decision
Gov cannot interfere
All senior judges have been courtroom lawyers

Question 11

How is Judicial Independence maintained

Answer 11

Separation of powers (constitutional reform act removes HoL as final court, SC final court)
Security of Tenure (judges cannot be dismissed on the basis of their decision)
Salary
Contempt of court/freedom from criticism (immunity of suit, no action against a judge Sirros v Moore 1975)
Independent legal profession
Criticism of gov
Judicial appointments (SC and CoA appointed)
Right of appeal
Judicial review

Question 12

Judicial Review

Answer 12

Judges check powers of public bodies
Can’t overturn acts of parliament
Parliament grants other institutions powers
Used to challenge action taken by public bodies (eg: exceeded power, failed to follow procedures, reached unreasonable decision, acted unfairly)
Protects civil liberties

Question 13

Evaluation of Judiciary (Ads)

Answer 13

Protects liberty of the individual
Cannot force a judge to resign
Impartial decision making
Free to exercise power
Eg: ruled BJ advice for BREXIT as unlawful (11 agreed)

Question 14

Evaluation of the Judiciary (Disads)

Answer 14

29% superior are women
5% Asian background
1% black background
2% mixed background
1% other background
5% superior we’re not barristers
Other systems allow for students to be a judge at a younger age and train for it