Public law - The Judiciary, Courts, Tribunals Flashcards
What is the constitutional role (function) of the judiciary?
The judiciary is in place to interpret and apply the law - Also acts as a power balance for the executive
What major changes did the Constitutional Reform Act (CRA) 2005 introduce?
The CRA introduced separation of powers within government: The HoL is no longer the judiciary - Introduced UK Supreme Court as an independent and neutral body
Explain how the CRA 2005 changed the architecture of the judiciary.
The Judiciary became more independent and neutral. the JAC appoints and pays supreme court judges in order to avoid corruption and ensure an independent and neutral body to scrutinise government.
Explain how the CRA 2005 changed the system of judicial appointments. What was the rationale behind these changes?
The JAC - Judicial appointment commission is now in charge of appointing judges. This eliminates biased judge picking with a party related lord chancellor. The lord chief justice gets 1 veto but is not involved in picking the judges.
Why is it argued that there should be greater diversity in the judiciary?
The majority of the SC is old, white men with the same educational background. Having a more diverse SC would lead to an increase in trust.
What is the difference between courts and tribunals? What types of cases are heard by tribunals?
Courts hear a range of cases such as; criminal, civil, and constitutional cases whereas Tribunals are limited to the cases they hear; employment, immigration, tax, social security and housing.
