The Judiciary

Question 1

Highest court

Answer 1

Supreme Court

Question 2

Two divisions of the court of appeal

Answer 2

Criminal division and Civil division

Question 3

3 divisions of the Hight Court of Justice

Answer 3

• Queens brach divison
• family division
• Chancery division

Question 4

Senior courts

Answer 4

Crown, High court of Justice, Court of Appeal, Supreme Court.

Question 4

Inferior Courts

Answer 4

magistrates and County

Question 5

Judicial indépendance

Answer 5

Notion that judges are free from government interference.
Maintained by an independent appointment committee. salaries are set by an independent body rather than the Govt.
Also is the notion that judges are neutrally objective and opinions are swayed by personal opinion or popular pressure.

Question 5

Separation of Powers

Answer 5

The Judiciary is separate both physically and in terms of personnel from parliament and the government. This is critical to the upholding of the rule of law.

Question 8

Ultra Vires

Answer 8

Everyone is subject to the rule of Law.

Question 9

Judicial review

Answer 9

A court process where the Judges review the legality of a decision or action made by a public body including a government.

Question 10

Arguments that the Judiciary is to powerful

Answer 10

Judges are unelected and are challenging to be removed.
The Human rights act 1998 means that Judges are often politicised figures because of this and they may have an impact on the legislative process.

Question 11

Arguments that the Judiciary is not excessively powerful.

Answer 11

Judges need to be independent of politicians to be impartial and fair to everyone.
judges only interpret laws and rate their compatibility to the ECHR.
Judges are experienced legal professionals. They are better situated to make legal decisions
The courts ensure that those in power stick to the rules themselves and it isn’t abusing it.

Question 12

Appointment procedure of Jobs

Answer 12

Appointments are based on metit and experience.
Politicians have no real say in appointment.
Done through the JAC (Judicial appoinemtn commission).
JAC is an open and competitive process
Before the Lord Chancellor had a role in appoinement now they dont.
Many have citisized composition of judiciary especially in the highest level.

Question 13

Evidence of a lack of diversity among judges

Answer 13

only one in six are female. Lack of BAME ethnic group representation. Fewer judges with a lack of barristial background. Domination of Oxbridge education.

Question 15

Does the lack of diversity matter? YES

Answer 15

• Judges do not reflect modern Britain society
• It could be hard to understand the socioeconomic/ background of a case
• Little improvement over the last decade.
• Reduces trust in judiciary
• More input from democratically elected judges will increase diversity.

Question 15

Does the lack of diversity matter? NO

Answer 15

• Unlike MP;s judges do not need to be representatives of the people but legal officials. Diversity is greater further down the line. The public would rather have trust in the best judges rather than the most diverse ones.
  An attempt to diversify would lead to a greater politicisation of the jury.