The judiciary

Question 1

What Courts do superior judges appear in?

Answer 1

Supreme Court
Court of Appeal
High Court

Question 2

What Courts do inferior judges appear in?

Answer 2

Lower than High Court

Question 3

What Court Circuit Judges in?

Answer 3

Crown Court
County Court

Question 4

What Court District judges?

Answer 4

Small claims in County Court
Magistrates’ Court

Question 5

How did Superior judges used to be selected?

Answer 5

Up to 2005 was done in secret by the Lord Chancellor.

Question 6

What was the issue with the old method of selecting
Superior judges?

Answer 6

Was done by the Lord chancellor which is a political appointment so there was a risk of non-independence from the government.

Question 7

How are Superior judges selected now?

Answer 7

Judicial Appointments
Commission

Question 8

What statute changed the way in which Superior judges were selected?

Answer 8

Constitutional Reform Act
2005

Question 9

Constitutional Reform Act 2005
How did this statute affect the way Superior judges are selected?

Answer 9

Established the Judicial Appointments
Commission to select Superior judges as a pose to the Lord Chancellor

Question 10

What was the main benefit of establishing the Judicial Appointments Commission?

Answer 10

To make the process of selecting judges:
1) politically independent
2) more transparent
Superior Judges previously selected in secret by Lord Chancellor-a political appointment.

Question 11

In what ways is the judiciary independent?

Answer 11

1) Security of tenure (Superior judges)
2) Immunity from suit
3) Independence from executive
4) Independence from legislature (used to be HOL)
5) Independence from the case

Question 12

What case demonstrates that judges are immune from suit in response to their rulings?

Answer 12

Sirros v Moore (1975)

Facts: Judge wrongfully imprisoned someone genuinely believing them to have broken the law and when D tried to sue for false imprisonment they were not allowed.

Question 13

Sirrosv Moore (1975)
What does this demonstrate regarding judges?

Answer 13

Demonstrates: that judges are immune from suit for decisions taken as a judge.

Facts: Judge wrongfully imprisoned someone genuinely believing them to have broken the law and when D tried to sue for false imprisonment they were not allowed.

Question 14

What ensures that judges are independent from the executive?

Answer 14

s3 Constitutional Reform Act 2005-Ensures that Lord Chancellor and all ministers maintain independence of Judiciary.

Question 15

53 Constitutional Reform Act
2005

Answer 15

Ensures judiciary is independent from the executive.

Lord Chancellor and all ministers must
ensure the independence of the Judiciary.

Question 16

In what way is the Judiciary more independent from the legislature now than it was historically?

Answer 16

House of Lords was replaced by Supreme Court in 2009

Constitutional Reform Act 2005

Question 17

Why is it so important to have an independent Judiciary?

Answer 17

1) Democratically vital-Gov cannot arbitrarily detain a political opponent
2) Judiciary can hold Gov to account on its actions-like when Gov commenced Article 50 but actually had to seek Parliament’s approval first.
3) Judges can carry out actions free from the fear of losing their jobs.