Seperation Of Powers+ Independence Of The Judiciary Flashcards
Who developed the Doctrine of the Separation of Powers and when?
Montesquieu in the 18th century.
What are the three main branches of power in the UK constitution?
The Legislature, the Executive, and the Judiciary.
What is the role of the Legislature?
To make the laws (Parliament).
What is the role of the Executive?
To implement and administer the laws (the government).
What is the role of the Judiciary?
To interpret and apply the laws.
Why must the judiciary be independent?
To ensure fair and impartial justice and to prevent any single person or body from holding too much power.
How is independence from the Legislature maintained?
Judges cannot be MPs and are not involved in law-making. The Supreme Court is housed separately from Parliament.
When was the UK Supreme Court created and why?
In 2009, to emphasize the separation between the judiciary and the legislature.
Which Act guarantees judicial independence from the Executive?
The Constitutional Reform Act 2005.
What case in 2016 demonstrated judicial independence from the government?
R (Miller) v Secretary of State for Exiting the EU – the court ruled the government needed Parliamentary approval for Brexit.
What happened in the 2019 case involving Boris Johnson and Parliament suspension?
The Supreme Court ruled the Prime Minister’s suspension of Parliament unlawful.
What ensures a judge’s independence from the case they are hearing?
Judges must not have any personal interest in a case and must remain impartial.
What happened in the Pinochet case regarding judicial impartiality?
A re-trial was ordered when it was discovered Lord Hoffman had links to Amnesty International, which was involved in the case.
What does judicial immunity from suit mean?
Judges cannot be sued or prosecuted for actions taken in connection with their judicial duties.
Which case confirmed judicial immunity from suit?
Sirros v Moore.
What is meant by ‘security of tenure’?
Judges cannot be easily removed, which protects their independence.
How can superior judges be removed?
By the monarch following a petition by both Houses of Parliament.
When was the last time this power to remove a judge was used?
In 1830, for an Irish judge who stole £700 from court funds.
How can inferior judges be removed?
By the Lord Chancellor with the consent of the Lord Chief Justice for incapacity or misbehaviour.
What did the Constitutional Reform Act 2005 change about judicial appointments?
It created the Judicial Appointments Commission and reduced political influence, ensuring appointments are made based on merit.
What is the purpose of having checks and balances in the separation of powers?
To ensure that no branch (Legislature, Executive, or Judiciary) becomes too powerful.
Why must judges not sit in Parliament?
To maintain independence from the law-making process and avoid conflicts of interest.
How does housing the Supreme Court in a separate building from Parliament support judicial independence?
It creates a clear physical and symbolic separation from the legislative branch.
What was the constitutional importance of the R (Miller) case (2016)?
It affirmed that the Executive cannot bypass Parliament in major constitutional changes like leaving the EU.
What does the Miller case illustrate about the role of the judiciary?
The judiciary can act as a check on the Executive, enforcing the rule of law.
Why was Boris Johnson’s 2019 suspension of Parliament declared unlawful?
It prevented Parliament from carrying out its constitutional functions without reasonable justification.
Why is impartiality in judging cases vital to judicial independence?
To ensure fairness and public confidence in the justice system.
How did Lord Hoffman’s involvement in the Pinochet case violate judicial independence?
His directorship of Amnesty International created a potential bias and conflict of interest.
Why is judicial immunity necessary in a democratic society?
So judges can make difficult or unpopular decisions without fear of personal legal consequences.
How does the Judicial Appointments Commission promote independence and fairness?
By selecting judges based on merit through an open and transparent process, reducing political bias.
