Legal Professionals - Judges* Flashcards
What piece of legislation separates judges from the executive?
s.3 of the Constitutional Reform Act 2005 states that the Lord Chancellor must, when dealing with matters relating to the judiciary, uphold the maintained independence of the judiciary.
What piece of legislation separates judges from the legislature?
The Constitutional Reform Act 2005 established the separate Supreme Court and removed justices from the Appellate Committee of the House of Lords.
How are judges free from bribery?
Judges salaries are protected as part of a consolidated fund - preventing MP lobbying judges with the threat of a lower salary.
Moreover, judges are free from being sued (Sirros v. Moore).
How are judges free from political bias?
Judges must refrain from any political involvement - in Bromley GLC v LBC - the judges were criticised for being partial to the Conservative council.
In what way are judges forced to be involved in political matters?
- Through judicial inquiries. E.g. Lord Taylor chaired the Hillsborough Disaster inquiry.
- Judicial review - e.g. R (Miller) v. The Prime Minister (2019)
- Declarations of compatibility with the HRA - e.g. R (Anderson) v. Secretary of State for the Home Department.
Does judicial independence really matter?
Not quite insofar as some make it out to be. Parliament is the supreme law maker in the UK, therefore, it is difficult for judges to preside over statute.
Give some advantages of using judges.
- Judges are the most adept legal minds in the country therefore it is only right for them to be able to alter the legal doctrine - however, they may be ruling on areas of law they haven’t studied since university perhaps they aren’t the most qualified - also lack democratic mandate.
- Judges maintain an effective measure of scrutiny over the executive as they may rule government actions ‘ultra vires’ through judicial review - e.g. R (Miller) v. The Prime Minister / R (Factortame) v. Secretary of State for Transport - may have huge impact of the business of the government - e.g. prorogation was terminated.
- Judges ensure that civil rights are protected and not jeopardised by statute as they are required to make declarations of compatibility under the HRA - e.g. R (Wright) v. Health Secretary - scheme under the Care Standards Act 2000 was incompatible - however Parliamentary sovereignty means Parliament do not have to follow declarations made.
- Judges must provide a reason for their decision ‘ratio decidendi’ meaning they are held accountable - this means they are unable to make arbitrary decisions - though their justification may be out of touch and offensive - e.g. R v. Brown and Others - Lord Templeman - S&M ‘breeds violence and cruelty’.
Give some disadvantages to using judges.
- Judges are under representative as they do not reflect the type of people subject to their laws - typically white, middle-class males - whilst there are now 8 female CA judges (compared to zero in 1990) there are no BAME judges - laws made may be out of touch.
- Judicial training isn’t adequate as there is no requirement for judges to have specialised to the court in which they sit - Tribunals, Courts and Enforcement Act 2007 judges do not have to be a high rights barrister in the court in which they practise - questioning their competence if they have not practiced in that court.
- Judicial scrutiny is nearly non-existent as the process to do so is lengthy- i.e. to remove a superior judge, a petition must be made by both houses to the monarch - scrutiny to get to the post is tough, though after, not so much - therefore they lack accountability.
- Judicial impartiality cannot by guaranteed as some judges may have biases that affects their rulings - e.g. In R v. Bow Street Mags. ex parte Pinochet Lord Hoffman failed to declare affiliation with Amnesty International.
Name the three types of judge who sit in the inferior courts.
District Judge
Recorders
Circuit judges
Name the three types of judge who sit in the superior courts.
High Court Judge
Lord Justices of Appeal
Lord Justices of the Supreme Court.
What is the role of the district judge?
Sit in the County Court and hear small claims. May also sit in the Magistrates’ Court where they are responsible for deciding facts and law.
What is the role of a recorder?
Part-time judges who sit for 5 years mainly in the Crown Court.
What is the role of a circuit judge?
Sit in both County and Crown courts.
County court - decide facts, law and the winner of the case
Crown court - hear appeals from the Magistrates’ with two Magistrates. Also decide the law in cases but leave the jury to the facts.
What is the role of a High Court judge?
Hear facts and decide who wins the case as well as the remedy.
QBD hear appeals from the Magistrates’
May hear appeals from the County Court.
QBD judges will sit in the Crown Court to hear serious offences such as murder.
How many High Court Justices are there?
72 in QBD
17 in Chancery division
18 in the Family division.
