Separation of Powers

Question 1

What is the order of the Judicial Hierarchy?

Answer 1

1. UK Supreme Court
2. Court of Appeal
3. High Court
4. County Court
5. Magistrates

Question 2

Which Judges sit in the Supreme Court?

Answer 2

Justices of the Supreme Court

Question 3

What Judges sit in the Court of Appeal?

Answer 3

Lord/Lady Justices of Appeal

Question 4

What Judges sit in the High Court?

Answer 4

High Court Judges

Question 5

What Judges sit in the Crown Court?

Answer 5

Circuit Judges and part-time Recorders

Question 6

What Judges sit in the County Court?

Answer 6

Circuit and District Judges

Question 7

What Judges sit in the Magistrates Court?

Answer 7

District Judges

Question 8

Describe the role of Justices of the Supreme Court (Superior)

Answer 8

• Hear appeal cases on a point of law

- Hear appeal cases of general public importance e.g terrorism or Brexit

Question 9

Describe the role of Lord/Lady Justices of Appeals (Superior)

Answer 9

• Work concerned with appeals
• Hear both Civil and Criminal cases
• Sit in panels of 3 (or 5 in rare cases)

Question 10

Describe the role of High Court Judges (Superior)

Answer 10

• First Instance Hearings
• Decide the Law (which side has won)
• Hear some appeals
• Hears evidence from witnesses
• Sit alone or in 3s

Question 11

Describe the role of Circuit Judges (Inferior)

Answer 11

• Hearing Civil cases, they sit alone
• Trying Criminal cases, they sit with other Judges
• Decide verdicts (guilty or not guilty)
• Hear appeals from Magistrates

Question 12

Describe the role of Recorders (Inferior)

Answer 12

• Try Criminal cases in the Crown Court
• Assist Civil cases in the County Court
• Hear less complex cases
• Assists Jury on a point of Law
• Case manage

Question 13

Describe the role of District Judges in the County Court (Inferior)

Answer 13

• Hear small claims cases (under £10,000)
• Decide on liabilities or remedies
• Can hear cases for larger amounts

Question 14

Describe the role of District Judges in the Magistrates Court (Inferior)

Answer 14

• Hear Criminal cases
• Decide facts and law
• Hear low-medium level cases
• Deal with licensing e.g drivers license
• Decide sentences for guilty defendants

Question 15

What is the Theory of the Separation of Powers?

Answer 15

1. Legislature makes the law (Parliament or the Queen)
2. Executives put laws into effect (Government)
3. Judiciary interprets and enforces the law (Judges)

(Note: the doctrine of Separation of Powers was first put forward by a French Political Theorist)

Question 16

Where are there some overlaps in the Separation of Powers?

Answer 16

• Overlap between the Executive and the Legislature who sit in Parliament (minsters who sit in Parliament are also active in the law process)
• Overlap between the Lord Chancellor before his role was reformed and the Law Lords before the creation of the Supreme Court

Question 17

How do some countries like the USA prevent overlap?

Answer 17

• They incorporate the Separation of Powers in their constitution which allows the Judiciary to act as a check and ensure executives don’t overstep its constitutional powers