Public Law 8 Flashcards
What is the role of the judiciary?
Resolves legal disputes and apply the law to disputes.
Why is the judiciary structure so complicated?
- As there are 3 different legal systems in the UK, this means there are 3 different judiciary systems.
- There is a hierarchical structure within these 3 judiciary systems:
- Criminal
- Civil
- Administrative
What are the 3 roles of the Supreme Court?
- The CONSTITUTIONAL meeting point of all 3 legal jurisdictions.
- Serves as the final court of appeal from most courts (except for the High Court of Justiciary in Scotland, as it is the highest court for Scottish Criminal cases).
- Serves also as the final arbiter of disputes over devolution
arrangements.
What are the role(s) of the judiciary?
- Adjudication of disputes between two parties (litigants)
- Civil, criminal, administrative (judicial review)
- Act as a legal guarantee – if all else fails to exercise a legal right, a party can go to court
- Exercise the coercive powers of the state:
- If a court has jurisdiction over a legal matter brought before it, the other party cannot avoid the proceedings
- Courts have coercive powers to ensure their judgments are complied with
- If a party refuses to comply with a judgment, they can be imprisoned for contempt of court
- Provides important checks and balances mechanism as part of the separation of powers doctrine
What is the doctrine of precedent?
Decisions of higher courts bind lower courts in future cases to guide the future conduct of people.
Through judicial interpretation, the practical meaning of legislation may change and people will change their form of conduct accordingly.
What is the rule for when courts interpret legislation?
The courts try give legislation a meaning which is compatible with the rule of law.
How has the development of common law impacted legislation?
Certain areas of the law largely regulated by common law.
Does judicial law-making impact the separation of powers?
Judicial law-making not compatible with a pure version of the separation
of powers.
Important that judicial law-making powers are limited.
Can common law be overridden by statute?
Yes due to parliamentary sovereignty.
Why is it essential the judiciary is independent under the separation of powers?
The government should not be able to put pressure on it.
What are the 2 main ways to achieve judicial independence?
- Institutional Guarantees.
- Guarantees for individual judges.
What is the main institutional reform and what it its purpose?
Constitutional Reform Act 2005.
Put the rule of law and judicial independence on a statutory footing.
Significant move towards a more defined separation of powers in the UK.
What did the main institutional reform lead to?
- Changes to Lord Chancellor’s position.
- New Judicial Appointments Commission.
- Elimination of Law Lords new Supreme Court.
How did the Constitutional Reform Act change the Lord Chancellors’ position?
Previously had major powers in all three branches of government.
Major reforms:
- No longer Speaker of the House of Lords – replaced by the Lord Speaker (elected)
- Lord Chancellor (as Secretary of State for Justice) is the Cabinet minister at the head of the Ministry of Justice (but no longer head of the judiciary in E&W)
- Statutory duty to defend judicial independence
- No longer able to sit as a judge on the Supreme Court
How does the Judicial Appointments Commission (Constitutional Reform Act) appoint and dismiss judges?
JAC decides on candidates, which are then passed on to the Lord Chancellor.
Lord Chancellor can accept, reject or ask for reconsideration of a candidate, but cannot name a new one.
If a candidate is rejected the Lord Chancellor is obliged to accept the next recommendation.
