The House of Commons/House of Lords and the Judiciary Flashcards
Salisbury-Addison Convention
Constitutional convention that states that it is Constitutionally wrong for the House of Lords to appose any proposals which were in writing located in a parties’ Manifesto because the manifesto had been put to a vote of the electorate
Parliament Acts 1911/1949
The Acts effectively reduced the Power of the House of Lords in the way they can affect the enacting of Bill. The Lords now only retain a power to Delay pubic bills for up to 2 sessions (1 year) and then they can be ratified without their consent.
Validity of the Parliaments Act; Invalid Argument: Wade
Parliament delegated law-making capacity to the sovereign and the Commons, thus legislation made under 1911 PA is delegated legislation made under delegated powers
- Argues that a body given delegated power cannot increase that power given to it
- without consent of Lords is invalid because it increases power to Commons
Validity of the Parliaments Act; Valid Argument: LeSuer
Queen in Parliament can alter the procedure to be used for enacting legislation for particular purpose, thus Parliament can redefine itself
Jackson Case
declarations that the Parliament Act 1949 is not an Act of Parliament and has no legal effect as it was made by delegated legislation from the 1911 Act
the Hunting Act 2004 is not an Act of Parliament due to it’s enactment in accordance to the provisions of the 1911 and 1949 Acts.
Jackson Case; Lord Bingham
The Wording of the act is clear, the Parliament Act can e used to produce any bill, except those falling within the list of specific exceptions.’
The 1911/49 Act can be used to push along fundamental constitutional change
case for the creation of a Supreme Court
judges must be independent from other powers in the State, according to the doctrine of separation of powers and to be in line with modern democracy.
Arguments For Supreme Court
- Law Lords are judges and not legislators, separation between roles should be made explicit
- Help public understanding of the legal system
- Current Westminster accommodation is inadequate
Arguments Against Supreme Court
- There was never a strict separation of powers
- Little evidence to support assertion that public understanding would be improved
- New court would not constitute value for money
Constitutional Reform Act 2005
Lessened the Powers of the Lord Chancellor Greatly
Created a 12 member Supreme Court located in Middlesex Guildhall
Constitutional significance of creating a Supreme Court: Malleson
Same body just renamed and rehoused
- It misses the potential effect on the possibility of form and substance of the court
- will impact psychologically a way which affects both internal and external expectations of the role of the court
CRA 2005, Part 4 & Schedule 12: Judicial Appointment
Judicial Appointments Commissions for England and Wales (JAC)
-Independent body consisting of 15 members
Statutory Duty to juge Applicants on Merit and Diversity
Equality and Diversity: LeSuer
Need for inward and outward equality:
- Inward: Diverse range of judges
- Outward: Judiciary better equipped to make decisions affecting certain types of case if it contained judges from diverse backgrounds
- Needs to better reflect Society
Equality and Diversity: Malleson
traditionally been recruited from an extremely narrow group of white, male barristers of high class backgrounds and this fact needs to change in order to enhance judicial reflection of society as a whole
Advisory Panel on Judicial Diversity (2010)
Recommendations to achieve progress to a judiciary that is more representative of society:
- Ensure lawyers recognize early possibility of career as judge
- Promote diversity at all levels
- Better information on career paths
- Open and transparent selection processes
