What is the order of the Judicial Hierarchy?
- UK Supreme Court
- Court of Appeal
- High Court
- County Court
- Magistrates
Which Judges sit in the Supreme Court?
Justices of the Supreme Court
What Judges sit in the Court of Appeal?
Lord/Lady Justices of Appeal
What Judges sit in the High Court?
High Court Judges
What Judges sit in the Crown Court?
Circuit Judges and part-time Recorders
What Judges sit in the County Court?
Circuit and District Judges
What Judges sit in the Magistrates Court?
District Judges
Describe the role of Justices of the Supreme Court (Superior)
- Hear appeal cases on a point of law
- Hear appeal cases of general public importance e.g terrorism or Brexit
Describe the role of Lord/Lady Justices of Appeals (Superior)
- Work concerned with appeals
- Hear both Civil and Criminal cases
- Sit in panels of 3 (or 5 in rare cases)
Describe the role of High Court Judges (Superior)
- First Instance Hearings
- Decide the Law (which side has won)
- Hear some appeals
- Hears evidence from witnesses
- Sit alone or in 3s
Describe the role of Circuit Judges (Inferior)
- Hearing Civil cases, they sit alone
- Trying Criminal cases, they sit with other Judges
- Decide verdicts (guilty or not guilty)
- Hear appeals from Magistrates
Describe the role of Recorders (Inferior)
- 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
Describe the role of District Judges in the County Court (Inferior)
- Hear small claims cases (under £10,000)
- Decide on liabilities or remedies
- Can hear cases for larger amounts
Describe the role of District Judges in the Magistrates Court (Inferior)
- Hear Criminal cases
- Decide facts and law
- Hear low-medium level cases
- Deal with licensing e.g drivers license
- Decide sentences for guilty defendants
What is the Theory of the Separation of Powers?
- Legislature makes the law (Parliament or the Queen)
- Executives put laws into effect (Government)
- Judiciary interprets and enforces the law (Judges)
(Note: the doctrine of Separation of Powers was first put forward by a French Political Theorist)
Where are there some overlaps in the Separation of Powers?
- 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
How do some countries like the USA prevent overlap?
- 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
