Relations Between Branches- The Role Of Judiciary Flashcards
The branches of government consist of the following:
+ the legislature (Parliament)
+ the executive (government)
+ the judiciary
Judiciary
A general term referring to the whole legal system. In terms of politics, the senior judiciary are those judges and courts that make decisions of wider political significance.
Common law
Unwritten law that can be declared valid by a court on the grounds that certain rules have existed for a long time and are generally accepted by people as law. Common law often concerns the rights that citizens enjoy.
Such law is passed down through judicial precedents
Judicial precedent
A legal principle that when a court makes a particular interpretation of the meaning of law or a judgment about how the law should be applied in a specific case, that interpretation must be followed by all courts in subsequent cases. Only a higher court can overturn a judicial precedent.
Judicial review
The power to declare actions of government or other bodies such as local authorities as ultra vires or acting beyond their power given to them in law.
The role of the judiciary can be summarised as follows:
+ Dispensing justice
+ Interpreting law
+ Establishing case law
+ Making law through declaring common law
+ Judicial review
+ Public inquiries
+ Dispensing justice:
hearing criminal cases and civil disputes.
+ Interpreting law:
when the meaning and application of law are unclear, it is the role of judges to interpret its true meaning.
+ Establishing case law:
judges decide how the law is to be applied in particular kinds of case. Once established, other courts follow the same case law.
+ Making law through declaring common law:
not all law is developed by Parliament; some is made by judges when they declare what the law should be as we commonly understand it. When courts perform this role, they set judicial precedent.
+ Judicial review:
The power to review actions of government or other bodies such as local authorities and decide whether those actions are lawful.
+ Public inquiries:
judges sometimes hold inquiries into matters of major public concern and recommend action to government and Parliament.
