The Judiciary

Question 1

How is judicial independence maintained?

Answer 1

💲 Security of tenure - cannot be threatened with removal from post. They must retire at 75.

💲 Consolidated fund - MPs cannot bribe judges with increases/decreases in slaary.

• Constitutional Reform Act 2005 - creation of separate supreme court.

Question 2

Define judicial neutrality.

Answer 2

Judges are impartial when making a judgement and not swayed by personal/political bias.

Question 3

How is judicial neutrality maintained?

Answer 3

Maintenance of Judicial Neutrality:

• Relative autonomy - expected to avoid being critical of the gov. / avoid defending own rulings.
• Restriction on political activity e.g. Lord Hoffman was affiliated with Amnesty International.
• High level training - University - Barrister for many years.

Question 4

Give 2 ways in which the judiciary has become more political.

Answer 4

✔ HRA 1998 - Judges are able to rule a piece of legislation incompatible with the act.

✔ Set precedent for parliamentary procedures e.g. 2016 High Court ruling that the gov. couldn’t trigger article 50 without parliamentary approval.

Question 5

Give three ways in which the judiciary hasn‘t become more political in recent years.

Answer 5

❌ Judicial appointment commission (JAC) reduced political interference.

❌ Security of tenure

❌ Guaranteed salaries.

Question 6

Give an advantage of judicial review.

Answer 6

Advantages:
✔ Holds ministers to account e.g. Patrick McLaughlin reversing WCML in 2012.

✔ Free up parliamentary time.

Question 7

How many judicial review cases were there in 2000 and how many in 2013?

Answer 7

2000 = 4,200

2013 = 15,600

Question 8

Give an example of a judicial review case in which a judge ruled there had been an inconsistency with the Human Rights Act 1998.

Answer 8

R (Bono) v. HDC

Question 9

Give 2 ways the UK Judiciary exercises influence over the government.

Answer 9

1) . Judicial review - challenge the legality of the government’s actions - e.g. R (Miller) v. The Prime Minister.
2) . Judiciary have a scrutiny role in the legislative process - e.g. HRA requires all laws to have a declaration of compatibility with the ECHR granted by the courts

Question 10

representation amongst judiciary

Answer 10

SC:

• 2/12 are women

wider Judiciary:
- (as of 2016) only 25% are women

• 6% BAME

Question 11

Ultra vires MP

Answer 11

Chris grayling (2016)
—> residencies test