the judiciary Flashcards
what are the different types of judges?
- superior judges
- inferior judges
what are superior jurors?
- the justices of the supreme court
- the lord justices of appeal in the court of appeal
- high court judges who sit in the three divisions of the high court
what are inferior judges?
- circuit judges who sit in the crown court and county court
- recorders who are part time judges who usually sit in the crown court
- district judges who hear small claims ad other matters in the county court
- district judges who sit i magistrates courts
- tribunal judges
how is a judge appointed?
once candidate is selected, will be appointed by the king
what is the role of a justice of the supreme court?
sit as an uneven number panel to hear a case and make precedent
what is the role of lord justices of appeal?
sit in both the civil and criminal divisions of the court of appeal.
can make precedent on a point of law.
what is the role of a high court judge?
try cases at first instance and hear evidence from witnesses and come to a verdict
what is the role of an inferior judge?
sit in county court and crown court to hear criminal cases and civil cases and decide law and the facts the make decision on who has won the case
what are ways in which independence of the judiciary is protected?
- security of tenure
- immunity from suit
- independence from the executive
- independence from the case
how is security of the tenure protected?
- superior judges can only be removed by the monarch following a petition presented to her by both houses of parliament.
- inferior judge can be removed by the lord chancellor and lord chief justice for misbehaviour or incapacity
- this allows judges to make decisions against the government without fear of being dismissed
how does immunity from suit protect independence?
- judges cannot be sued for decisions they make in cases, even if they make a mistake
- this allows judges to perform their duties without fear of repercussions
how does independence from the executive protect independence of the judiciary?
- judicial independence is guaranteed under s3 of the constitutional reform act 2005
- lord chancellor and other ministers must not seek to influence particular judicial decisions
how does independence from the case protect independence of the judiciary?
- must not try a case where they have any interest in the issue involved
- judges must not be completely impartial when making decisions
why is judicial independence needed?
to protect the liberty of an individual and for judges to be able to act without pressure ad without fear of repercussions
advantages of judicial independence?
- ensures fairness in al cases
- protects citizens against unlawful acts of government
-public confidence