Paper 1.6 - The Judiciary and the separation of powers

Question 1

Who does the term ‘judiciary’ refer to?

Answer 1

All judges across England and Wales.

Question 2

What are the two categories of judges?

Answer 2

Superior and inferior.

Question 3

What is the president of Courts of England and Wales referred to as?

Answer 3

Lord or Lady Chief Justice.

Question 4

What courts do the Lord or Lady Chief Justice control?

Answer 4

Court of Appeal and all lower courts.

Question 5

Which courts do superior judges sit in?

Answer 5

High Court, Court of Appeal and Supreme Court.

Question 6

What are judges in the Supreme Court referred to as?

Answer 6

Supreme Court Justices.

Question 7

How many judges will hear a Supreme Court / Court of Appeal case?

Answer 7

3-5.

Question 8

What body selects judges for the Supreme Court?

Answer 8

Judicial Appointment Commission.

Question 9

How many Supreme Court Justices are there?

Answer 9

12.

Question 10

What are judges in the Court of Appeal referred to as?

Answer 10

Lord / Lady Justices of Appeal.

Question 11

How many Lord / Lady Justices of Appeal are there?

Answer 11

36.

Question 12

What are judges in the High Court referred to as and which benches are they allowed to sit?

Answer 12

High Court / Puisne judges
All three High Courts divisions (KBD, Family and Chancery).

Question 13

Which two legal positions have an increased likelihood of becoming a High Court judge next?

Answer 13

Circuit judge and barrister.

Question 14

Where are inferior judges allowed to sit?

Answer 14

Crown / County Court and lower courts.

Question 15

What are the four kinds of inferior judge?

Answer 15

Circuit
District
Tribunal judge / chairperson
Recorder

Question 16

Where are circuit judges allowed to sit?

Answer 16

Crown and County court.

Question 17

Where are district judges allowed to sit?

Answer 17

County and Magistrates’ court.

Question 18

What is special about the recorder role and where are they allowed to sit?

Answer 18

They are only part-time judges (rest of time as a barrister / solicitor); Crown and some parts of County court.

Question 19

What three roles do inferior judges have in criminal cases?

Answer 19

Lead court proceedings
Instruct jury on points of law
Decide sentence if guilty.

Question 20

What four roles do superior judges have in criminal cases?

Answer 20

Lead court proceedings.
Decide guilt.
Decide sentence if guilty.
Set precedent for lower courts.

Question 21

What three roles do inferior judges have in civil cases?

Answer 21

Lead court proceedings
Decide liability from evidence
Decide damages if any.

Question 22

What four roles do superior judges have in civil cases?

Answer 22

Lead court proceedings
Decide liability from evidence
Decide damages if any
Set precedents for lower courts.

Question 23

What is a judicial review case?

Answer 23

An individual files a civil suit against a public body on behalf of the people (eg Gina Miller suing government over Article 50).

Question 24

Name four advantages to the judiciary.

Answer 24

EG
Law controlled by legal experts
Independent from Parliament
Effectively plugs gaps in law via precedent
Diversity in judiciary is improving.

Question 25

Name four disadvantages to the judiciary.

Answer 25

EG
Limited power to overrule malicious juries
Difficult to remove incompetent / discriminant judges
Judiciary is unelected
Poor diversity means decisions don’t consider ethnic / socioeconomic / gender differences.

Question 26

Which philosopher came up with the doctrine of the separation of powers?

Answer 26

Montesquieu.

Question 27

What three arms is power separated into?

Answer 27

The executive (government cabinet ie Prime Minister)
The legislature (Parliament)
The judiciary.

Question 28

Why is power separated into three arms?

Answer 28

To prevent abuse of power.

Question 29

What is the role of the legislature?

Answer 29

To make law.

Question 30

What is the role of the executive?

Answer 30

To decide the action the country must take.

Question 31

What is the role of the judiciary?

Answer 31

To uphold law.

Question 32

What section of what act guarantees judicial independence in England?

Answer 32

s3 of the Constitutional Reform Act 2005.

Question 33

How must a superior judge be removed?

Answer 33

By the monarch, after a petition by Parliament.

Question 34

How must an inferior judge be removed and for what reasons? (2)

Answer 34

Lord Chancellor may remove an inferior judge with the consent of Lord / Lady Chief of Justice on grounds of incapacity or misbehaviour.

Question 35

Due to the nature of their job, judges have immunity from what for acts they carry out in court? (2)

Answer 35

Immunity from prosecution (criminal)
Immunity from suit (civil).

Question 36

Which case decided that judges have immunity from suit?

Answer 36

Sirros vs Moore (1975)

Question 37

Why is it important that the executive cannot remove superior judges?

Answer 37

So that judges can safely make decisions that oppose the government without fear of sacking.

Question 38

Why is it important for judges to be independent from the cases they are involved in?

Answer 38

To uphold the human right to a fair trial (European Court of Human Rights).