Reform of the Judiciary Flashcards
What was the judiciary like prior to the Reform Act 2005?
+ 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).
How did the Reform Act 2005 make the judiciary independent?
+ 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.
What else changes about the position of the role of Lord Chancellor
+ 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).
Are the UK Judges are independent and neutral
Under the rule of law - judges should be neutral with no bias to any particular political ideology, or section of society.
Evaluation = yes they are independent and neutral
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).
Evaluation = no they are not independent and neutral
+ 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.
