Relationship between branches Flashcards
Three levels of the courts
Court of appeal
high court
Supreme Court
Constitutional reform act
2005 - to separate the three branches of government
Roles of the judiciary
- dispense justice
- make law (common law)
- interpreting law
- Establishing case law (precedence)
- declaring common law
- Conducting judicial reviews ( if a public body has acted ultra vires )
- Holding public enquiries
How can justices be removed ?
By a vote in both the HC and the HL only for misconduct and not their actions
PJS v News group newspapers
2015 : celebrity’s right to freedom takes precedence over press freedom
Parliament vs judiciary
Parliament can overrule judges decisions by passing or amending statutes
The judiciary is subordinate to parliament
Evidence of judges protecting Human rights and individuals
2004 Belmarsh case and it was rules that the terrorists suspects human rights were abused and that they should be released
Privacy laws : 2011 ECHR
Human rights act
1998 : Brought the ECHR in to law and established a codified set of human rights
Reasons why judges should have more power
- they play a key role in protecting rights
Reasons why judges should have more power
- they play a key role in protecting rights
- uphold rule of law
Judges act within the law and are not swayed by public mood
Maastracht treaty
1992 - UK enforces a number of EU legislations
Why judges shouldn’t have any more power
- judges are unelected
- judges can make rulings which may prevent the government of carrying out its functions
Judicial neutrality
- security of tenure
- free appointments
- not influenced by other branches of government
- retained by lack of judicial diversity
Factors that affect the relationship between parliament and the executive
parliament acts 1911+1949 salisbury convention government has a clear majority patronage strong leader strong opposition
Ridge v Baldwin
1964 : established the principle for judicial review
