Mr Stepney - Judiciary

Question 1

Functions of the Supreme Court

Answer 1

• to act as final court of appeal in England wales and NI and hear appeals in cases where there is uncertainty
  -to clarify the meaning of the law, by hearing appeals in cases where there is uncertainty
• the SC will only get involved if the case involves the wider public

Question 2

Appointing justices to SC

Answer 2

NOMINATION:
-vacancy arises
- 5 member selection commission is convened to consider nominees and make a selection
-commission submits report to lord chancellor identifying nominee
-lord chancellor accepts or rejects
(If rejects requires commission to reconsider selection if accepted notify PM)
CONFIRMATION:
-once notified the pm recommends nominee to queen
-confirmed when monarch agrees

Question 3

Appointing justices to SC - secret soundings

Answer 3

The informal and secretive way in which most senior uk judges were once appointed - the way in which the lord chancellor consulted in secret with close associates and those serving in the senior judiciary

Question 4

Senior judiciary

Answer 4

Comprises justices of the Supreme Court ( formally lords of appeal in ordinary or law lords) heads of divisions, lord justices of appeal

Question 5

Qualifying practitioner

Answer 5

Someone who has a senior court qualificatio; is an advocate in Scotland or a solicitor entitled to appear in Scottish courts

Question 6

2021 composition issue

Answer 6

Only 2 women out for 12 members

Question 7

2021 composition issue

Answer 7

Only 2 women out for 12 members

Question 8

How is judicial independence maintained

Answer 8

1- ‘security of tenure’ judges are appointed for an open ended term - only requirement is they retire by 75

2- guaranteed salaries paid from the consolidated fund - judges salaries are classified as ‘standing services’ + paid automatically (can’t manipulate salary)

3-the offence of contempt of court - ministers can’t speak out publically during legal proceedings

4-growing separation of powers

5-independent apppooitnemtn system - CRA 2005 saw creation of judicial appointment commission = greater transparency + addressed concerns about previous political bias

6- training and experience of senior judges - most have served an apprenticeship as a barrister - individuals take pride in their legal standing so unlikely to deter

Question 9

4 main ways judicial neutrality is maintained

Answer 9

• judges traditionally operate away from the public eye - until recently they rarely spoke out publically and are still expected to avoid open defence or critism of those in govt
• civil servants and judges are not supposed to campaign on behalf of a political party or pressure group they should not show political views in public - can still vote
  -legal justification of judgements - expected to offer an explation of how their decisions are rooted in law making it less likley they’ll be guided by personal bias
  -high level training can also be required

Question 10

What is judicial independence

Answer 10

Principle that those in the judiciary you’ll be free from political control

Question 11

Judicial neutrality

Answer 11

Where judges operate impartially without personal bias in their administration of justice - is an essential requirement of the rule of law

Question 12

AV dicey rule of law

Answer 12

1- no one can be punished
2- no one is above the law and all are subject to the same justice

Question 13

Ultra vires

Answer 13

From Latin meaning beyond the authority - the process of judicial review can determine whether someone has acted with ultra vires

Question 14

Explain and analyse 3 criticisms of the composition of judiciary

Answer 14

P1- education level: everyone is highly/privately educated = only a small proportion of population so not diverse
(98% of court only 6% of UK)

P2- gender: only 2 women - huge gender gap in society
(51% women in UK)

P3: ethnicity:
Prodominantly white
Migration is increasing (less likley to go to private schools)