Judicial system

Question 1

What are the two denominations of judges?

Answer 1

-Inferior and Superior

Question 2

What is the Constitutional Reform Act of 2005 and why is it so significant?

Answer 2

-It dramatically changed the influence judges can have
-Separation of powers > Judicial independence - lack of bias

Question 3

Since the CRA 2005 how are senior Judicial appointments made?

Answer 3

-By the Judicial Appointments committee > independent from govt = greater transparency and seperation of powers
-Makes judges more socially representative > more equality

Question 4

What qualification is needed to be in the UK Supreme Court?

Answer 4

-Must have held High judicial office for at least 2 years or have been a ‘qualifying practitioner for 15 years

Question 5

What is the appointment process for the SC?

Answer 5

A Vacancy arises –> A 5 member selection commission to consider nominees –> commission submits report to Lord Chancellor identifying a nominee –> Lord Chancellor either accepts of declines –> if LC accepts they notify the PM –> PM makes recommendation to the King –> appointment confirmed once monarch has issues letters patent

Question 6

Why was the SC created?

Answer 6

-Fusion of powers meant judges were not always impartial and they weren’t independent
-Wanted to improve the appointment process
-wanted to reduce confusion about the role of the HL and the LAw Lords

Question 7

What are the key functions of the SC?

Answer 7

-Act as a final court of appeal across the UK (except Scotland)
-Hear civil appeals from civil cases in Scotland
-hear appeals where there is uncertainty in the law and clarify the meaning of the law

Question 8

What are the key doctrines that underpin the work of the judiciary?

Answer 8

-The Rule of Law
-Judicial Indepence and Impartilaity

Question 9

What is the Rule of law?

Answer 9

-No one can be punished without trial
-No one is above the law > Everyone subject to the same laws
-General principles of the constitution result from the decisions of the judges

Question 10

What is Judicial Independence?

Answer 10

-Security of tenure
-Guaranteed salaries
-Contempt of court
-Growing separation of powers
-Independent appointment systems
-Training and experience

Question 11

What are the 4 main ways that Judicial impartiality is achieved?

Answer 11

-Anonymity > do not know which judge will adhere to the case
-Political activity
-Legal Justifications of judgement > interpreting statutes made by parliament > following principles of precedent > Stave Decisis
-High-level training

Question 12

What are the threats to judicial impartiality?

Answer 12

-Narrow recruiting pool from which judges have traditionally been drawn
-Senior judges have been drawn into more openly political conflicts > e.g passing of the HRA has been criticised for resulting in the politicisation of the judiciary

Question 13

Who sits in the Supreme Court?

Answer 13

-Law Lords

Question 14

What are the Superior courts (In hierarchical order)

Answer 14

-Supreme court
-Court of Appeal
-High Court (KBD, Family and Chancery)

Question 15

What is the KBD?

Answer 15

-Crown court
-Magistrates court
Inferior courts with criminal cases

Question 16

What is the Chancery?

Answer 16

-County court
Deals with civil cases

Question 17

What is the importance of judicial independence and impartiality

Answer 17

-so that the rule of law can be upheld without fear of repercussions for the decisions that they make
-review the actions of public officials in accordance with the rule of law
-interpret statutes following the HRA
-Clarify the meaning of the law and establish precedents that are rooted in the law and are followed

Question 18

What are the powers of the judiciary?

Answer 18

-Judicial review
-Ensuring UK laws uphold the rights set down in the HRA
-Interpreting statute law
-Creating precedent/clarifying the meaning of the law

Question 19

What is Judicial review?

Answer 19

-Performed by Superior courts
-SC, CA,KBD or High Court
-Reviews the actions of public officials or public bodies (Brexit Article 50 case)
-Uk SC cannot ‘strike down’ a statute made by Parliament
-Interpret statues and create precedent > enables judges to clarify the meaning of the law made by parliament

Question 20

What is Ultra Vires?

Answer 20

-When a public official has gone beyond their powers

Question 21

What was the Miller and Others V Secretary of state for exiting of the EU about?

Answer 21

-Whether a formal notice of withdrawal can lawfully be given to ministers without prior legislation passed in both houses
-Due to Mays article 50

Question 22

What was the outcome of the Miller and Others V Secretary of state for exiting of the EU?

Answer 22

-Found it in Millers favour that they could not pass through Article 50

Question 23

How does the Miller and Others V Secretary of State for exiting of the EU show the independence of the judiciary?

Answer 23

-It was ruled against govt

Question 24

What are the reasons suggesting that the judiciary has become politicised?

Answer 24

-The creation of the SC and the physical relocation of the most UK senior judges into the public arena subjected them to greater scrutiny by the media.
-Politicians have broken with convention by publicly criticising rulings handed down by senior judges

Question 25

What are the reasons suggesting that the judiciary has not become politicised?

Answer 25

-Increased conflict between judges and politicians is a ‘positive’ because it shows that the courts are challenging the govt when it appears to be enclosing upon the publics civil liberties
-Senior judges still benefit from security of tenure and guaranteed salaries which helps to insulate them from political power