Relationship between the individual (citizen) and the state Flashcards
What are the political characteristics of the branches of government?
The Legislative and Executive branches are political, while the Judiciary is non-political.
How are judges different from politicians in terms of accountability?
Judges are not elected and have no political accountability.
Why is it essential for the judiciary to remain independent?
To prevent government pressure and ensure a strong separation between courts and other branches.
What are the two main ways to ensure judicial independence?
Institutional guarantees and guarantees for individual judges.
What was the main institutional reform for judicial independence in the UK?
The Constitutional Reform Act 2005.
What did the Constitutional Reform Act 2005 codify?
The rule of law and judicial independence.
What were the outcomes of the Constitutional Reform Act 2005?
Changes to the Lord Chancellor’s position, establishment of the Judicial Appointments Commission, and replacement of Law Lords with a new Supreme Court.
How did the role of the Lord Chancellor change after the Constitutional Reform Act 2005?
The Lord Chancellor no longer serves as Speaker of the House of Lords, heads the Ministry of Justice but not the judiciary, has a statutory duty to defend judicial independence, and cannot sit as a judge on the Supreme Court.
What is the Judicial Appointments Commission (JAC)?
A body that recommends judicial candidates to the Lord Chancellor, who may accept, reject, or ask for reconsideration but cannot name new candidates.
When did the UK Supreme Court become operational, and what is its role?
It became operational in 2009, is separate from the House of Lords, and handles devolution issues but lacks general constitutional review power.
What is security of tenure for judges?
Senior judges hold office until retirement and can only be dismissed on medical grounds or by royal resolution with parliamentary consent.
What protections do judges have regarding their salaries?
Judges’ salaries cannot be reduced, as stated in the Senior Courts Act 1981.
What immunity do judges have?
Judges have immunity from suit for actions taken during their judicial functions.
What are two key cases related to judicial immunity?
Sirros v Moore [1975] and Primrose v Waterston (1902).
