The Judiciary

Question 1

Define the Sovereignty of Parliament

Answer 1

Parliament is the ultimate power
The Judiciary have to enforce Parliamentary law but they can suggest changes

Question 2

Define Judicial Precedent

Answer 2

Interpretation of a law by one judge then has to be followed in the future
Precedent can be overruled by any higher judge

Question 3

What is the rule of law?

Answer 3

All citizens are equal under the rule of law
everyone is entitled to a fair trial

Question 4

What was the primacy of EU law (pre 2020)?

Answer 4

EU law takes precedent over domestic law where our parliament has given the EU jurisdiction
British courts must enforce EU law

Question 5

Why does the Judiciary need to be independent?

Answer 5

-To provide a check on government and have no political bias.
-Judges cannot collide with the government
-Everyone has the right to a fair trial

Question 6

What are the 9 ways in which Judicial Independence is maintained?

Answer 6

1) Separation of powers
2) Security of Tenure
3) Salary
4) Freedom from Criticism
5) independent legal profession
6) Judicial criticism of the govt
7) judicial appointments
8) Right of Appeal
9) Judicial review

Question 7

How is the separation of powers upheld ?

Answer 7

2005 Constitutional reform act
-Supreme court is now the final court of appeal instead of the HOL
-lord Chancellor is no longer head of the Judiciary - has to swear an oath to protect its independence

Question 8

What is the security of tenure?

Answer 8

-Judges cannot be dismissed on the basis of the decisions they make
-Their jobs are not linked to the govt

Question 9

How does the salary of the Judiciary help it stay independent ?

Answer 9

-Their pay comes from the Consolidated fund which is not subject to annual review by the HOC - pay is decided by am independent pay review body
-Judges get paid a high salary- not easy to bribe

Question 10

How are the Judiciary free from criticism ?

Answer 10

• There are Constitutional conventions that forbid MPs and peers from criticising court rulings and judicial decisions
  -Interference could result in legal action being taken against that person

Question 11

describe how the judiciary is an independent legal profession ?

Answer 11

Judges are appointed from the ranks of lawyers who belong to an independent legal Profession whose standards area regulated by Law Society and not by the Govt

Question 12

Give examples of Judicial Criticism of the govt

Answer 12

-senior judges have criticised the govt
-lord Woolf has a history of being outspoken. in 2004 he attacked the governments plans for Constitutional reform

Question 13

How do Judicial appointments keep the judiciary independent?

Answer 13

-The appointments system was reformed under the Constitutional Reform Act 2005 - most Judges are now appointed by a Judicial Appointments Commission

-Judges in the Supreme Court and Appeal Court are appointed by a special Committee comprising senior members of those courts and representatives of the JAC - This means that there can be little or no political influence over the appointment of the judiciary (although the Lord Chancellor does still have a role in selection)

Question 14

How do the right of appeal make the judiciary more independent?

Answer 14

Judges are well aware that their decisions can be appealed.​

This means that they will try to ensure that they reach a fair/unbiased decision which is free from political influence, first time round.​

Question 15

What is judicial review?

Answer 15

The judiciary has the power to rule that decisions of ministers/servants of the Govt. are “Ultra Vires” - ministers have had to back down​
-2007 BAE arms case and 2010 Yarl’s Wood Detention centre. ​

This demonstrates the capacity of the judiciary to criticise the Govt. of the day.​

​

Question 16

Give examples of where the Supreme Court has ruled on constitutional matters

Answer 16

• Supreme Court ruled unanimously that the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence.
• The Supreme Court ruled that it was unlawful for the prime minister to advise the Queen to prorogue Parliament.

Question 17

How is Judicial independence threatened ?

Answer 17

• prime Ministers role in appointments
• political dialogue
• the justice ministry
• crossover of elites
• inevitable overlap

Question 18

How does the Prime Ministers role in appointments limit the independence of the Judiciary?

Answer 18

Although the appointment of senior judges is now handled by the independent Judicial Appointments Commission, the PM (on the advice of the Lord Chancellor) has a final veto over such appointments​

Question 19

How does political dialogue limit the independence of the Judiciary?

Answer 19

In recent years there has been a tendency for politicians to enter into political dialogue with Judges over issues such as sentencing policy and Human Rights. ​

Whilst this = not direct interference, it could result in indirect influence. ​

Eg: in 2003 - David Blunkett condemned the release of 9 Afghan hijackers;

Question 20

How does the The Justice Ministry​ limit the independence of the Judiciary?

Answer 20

The Government retains control over the legal system through the Justice Ministry. Whilst this does not constitute direct control, it does suggest some interference​

Question 21

How does the cross over of elites limit the independence of the Judiciary ?

Answer 21

many of the top judges and politicians were educated at the same places.
they know each other and there is the possibility that they will influence each other/support each other’s views.
Eg: evidence in 1980s that Judiciary were adopting the same political stance as the Govt. - harsh Trade Union judgements.​

Question 22

What is inevitable overlap?

Answer 22

Although the Judiciary is proud of its independence, it is inevitable law and politics will have some connection given that Parliament has legal sovereignty and the Judge’s role is to uphold and interpret Parliament’s laws.​