The Judiciary Flashcards
Reformed role of the Lord Chancellor
No longer also the Speaker in the House of Lords
No longer head of the judiciary
Creation of the Supreme Court
Replaced the Appellate Committee of the House of Lords as highest appeal court
SC judges can no longer sit in the House of Lords as members of Parliament
Created Judicial Appointments Commission
Removed appointment by the monarch on advice of the Lord Chancellor
Security of tenure
• Can not be sacked by the government
• Both Houses of Parliament must present a petition to the Monarch
Immunity from suit
Can not be tried for a criminal offence for acts carried out in performance of their judicial duties
Independence from the Executive
Constitutional Reform Act 2005: guaranteed judicial independence under s.3: Lord Chancellor must uphold continued independence of the judiciary;
Independence from the Legislature
• Judges are not involved in law-making. That is the job of the MPs and the Lords in Parliament
Independence from the case
this case confirmed that judges must not hear or try any case in which they have an interest in the issues involved to prevent bias in decision making
Judicial review: independence in action
judges can be asked to review - check - a decision taken by a public body (anything to do with the government)