Relations between branches Flashcards
What does the judicary do
Enforce laws
Interpret laws including constitution
Highest court is
Supreme court
Why was judicial reform necessary
○ The Role of the Lord Chancellor (Derry Irvine was the last one). They are a cabinet minister (executive), chair of the House of Lords (legislative), head of the judicary appointing judges (judicary). Shows the fusion of powers/branches however the judicial branch should be independent
○ Appointment of judges. Senior judges were appointed by the PM and the Lord Chancellor so was no guarantee that the judicary would be independent. House of Lords. Judges were part of the HOL and could vote on legislature so could make and implement the law (fusing powers).
What Blair did in 2005 constitutional reform act
○ Split the Lord Chancellor into
§ Exec: minister of justice done by Secretary of State for Justice and Lord Chancellor (Alex Chalk)
§ Legis: Lords Speaker (elected by secret ballot by Lords) currently Lord McFall
§ Judiciary: Lord Chief Justice (Lord Burnett of Maldon)
* The 12 Law lords are supreme court judges and have their own president
* There is now a Judicial appointments commission to choose judges. If the justice secretary does not approve the JAC choice he has to accept the second JAC choice.
There is an independent selection commission and to fill a vacancy they choose.
What ways can the supreme court claim to be independent and neutral
- Opened in 2009 and faces parliament but has physical separation as a statement
- Judges are not permitted to be members of a political party (barrister or solicitor can)
Judges salaries are determined by the Senior Salaries Review Body and made from the Consolidated Fund not by Parliament.
- Judges are not permitted to be members of a political party (barrister or solicitor can)
Criticism of the independence and neutrality of the supreme court
○ Members of SC are normally from an elite background and so claims say they favour the establishment and status quo
○ E.g Lord Denning sided with gov’t several times such as Hosenball case
It’s memberships is so privileged that the descions are unlikely to reflect how the law impacts on modern society. Most are Oxbridge and male - as 2022 only female judge on supreme court.
What is judicial independence
The rule of law that judges must be independent of control and must be separate from other branches
What is judicial neutrality
The rule of law eliminating political bias and judges cannot be influenced by personal prejudice.
