Reform of the Judiciary Flashcards

1
Q

What was the judiciary like prior to the Reform Act 2005?

A

+ The judges were 12 Law Lords - members of the unelected House of Lords.

+ Head of the LL was the Lord Chancellor = role of the speaker of the Lords, head of the Judiciary and appointed senior judges.

+ There was no security of tenure (time) and salary (money) = possible to remove judges as a result of their decisions (not listening to legislative).

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2
Q

How did the Reform Act 2005 make the judiciary independent?

A

+ Establishes the independent Supreme Court - contains 12 senior judges known as the ‘Justices of the Supreme Court’.

+ Role of LC exists but the holder is combined with the post Justice Secretary in cabinet = holds no active role in the judiciary.

+ To question a candidate’s suitability (no veto) - they can be removed by a vote, but only for misconduct.

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3
Q

What else changes about the position of the role of Lord Chancellor

A

+ Not the speaker of the Lords - cannot sit in the Lords.
+ No longer the head of the Judiciary, replaced by the non-political figure Lord Chief Justice (President of SC).

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4
Q

Are the UK Judges are independent and neutral

A

Under the rule of law - judges should be neutral with no bias to any particular political ideology, or section of society.

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5
Q

Evaluation = yes they are independent and neutral

A

1) Reform Act - removed most threats to their independence.

2/3) Cannot be removed by ministers or threatened by loss of income because of decisions (security of tenure and money).

4) Little influence by ministers on which judges are appointed - independent of politics.

5) No evidence of bias to/against govts - Labour and Conservatives Govts equally controlled by judiciary decisions.

6) Judges must uphold rights of all sections of society (neutral).

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6
Q

Evaluation = no they are not independent and neutral

A

+ Ministers do have some influence over the final decision to appoint most senior judges (JAC - determines a candidate’s suitability to be a judge).

+ Neutrality challenged on the basis that judges comes from narrow, social backgrounds (White/Oxbridge and wealthy).

+ Some rights campaigners state that some judges favour the establishments over citizen rights’.

+ Conservative politicans claim that there are too many lawyers of liberal disposition that favours rights over state security/law and order.

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