Paper 1.6 - The Judiciary and the separation of powers Flashcards
English Legal System
Who does the term ‘judiciary’ refer to?
All judges across England and Wales.
What are the two categories of judges?
Superior and inferior.
What is the president of Courts of England and Wales referred to as?
Lord or Lady Chief Justice.
What courts do the Lord or Lady Chief Justice control?
Court of Appeal and all lower courts.
Which courts do superior judges sit in?
High Court, Court of Appeal and Supreme Court.
What are judges in the Supreme Court referred to as?
Supreme Court Justices.
How many judges will hear a Supreme Court / Court of Appeal case?
3-5.
What body selects judges for the Supreme Court?
Judicial Appointment Commission.
How many Supreme Court Justices are there?
12.
What are judges in the Court of Appeal referred to as?
Lord / Lady Justices of Appeal.
How many Lord / Lady Justices of Appeal are there?
36.
What are judges in the High Court referred to as and which benches are they allowed to sit?
High Court / Puisne judges
All three High Courts divisions (KBD, Family and Chancery).
Which two legal positions have an increased likelihood of becoming a High Court judge next?
Circuit judge and barrister.
Where are inferior judges allowed to sit?
Crown / County Court and lower courts.
What are the four kinds of inferior judge?
Circuit
District
Tribunal judge / chairperson
Recorder
Where are circuit judges allowed to sit?
Crown and County court.
Where are district judges allowed to sit?
County and Magistrates’ court.
What is special about the recorder role and where are they allowed to sit?
They are only part-time judges (rest of time as a barrister / solicitor); Crown and some parts of County court.
What three roles do inferior judges have in criminal cases?
Lead court proceedings
Instruct jury on points of law
Decide sentence if guilty.
What four roles do superior judges have in criminal cases?
Lead court proceedings.
Decide guilt.
Decide sentence if guilty.
Set precedent for lower courts.
What three roles do inferior judges have in civil cases?
Lead court proceedings
Decide liability from evidence
Decide damages if any.
What four roles do superior judges have in civil cases?
Lead court proceedings
Decide liability from evidence
Decide damages if any
Set precedents for lower courts.
What is a judicial review case?
An individual files a civil suit against a public body on behalf of the people (eg Gina Miller suing government over Article 50).
Name four advantages to the judiciary.
EG
Law controlled by legal experts
Independent from Parliament
Effectively plugs gaps in law via precedent
Diversity in judiciary is improving.
Name four disadvantages to the judiciary.
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.
Which philosopher came up with the doctrine of the separation of powers?
Montesquieu.
What three arms is power separated into?
The executive (government cabinet ie Prime Minister)
The legislature (Parliament)
The judiciary.
Why is power separated into three arms?
To prevent abuse of power.
What is the role of the legislature?
To make law.
What is the role of the executive?
To decide the action the country must take.
What is the role of the judiciary?
To uphold law.
What section of what act guarantees judicial independence in England?
s3 of the Constitutional Reform Act 2005.
How must a superior judge be removed?
By the monarch, after a petition by Parliament.
How must an inferior judge be removed and for what reasons? (2)
Lord Chancellor may remove an inferior judge with the consent of Lord / Lady Chief of Justice on grounds of incapacity or misbehaviour.
Due to the nature of their job, judges have immunity from what for acts they carry out in court? (2)
Immunity from prosecution (criminal)
Immunity from suit (civil).
Which case decided that judges have immunity from suit?
Sirros vs Moore (1975)
Why is it important that the executive cannot remove superior judges?
So that judges can safely make decisions that oppose the government without fear of sacking.
Why is it important for judges to be independent from the cases they are involved in?
To uphold the human right to a fair trial (European Court of Human Rights).
