The Judiciary Flashcards
How did Jonathan Sumption describe judicial independence?
“Matters of politics are for the politicians and matters of law are for the courts.”
How is judicial independence maintained?
💲 Security of tenure - judges cannot be threatened with removal from post. They must retire at 75.
💲 Consolidated fund - MPs cannot bribe judges with increases/decreases in slaary.
🔇 Sub judice rules - the media and ministers cannot speak out during legal proceedings.
- Constitutional Reform Act 2005 - creation of separate supreme court.
s. 3(1) “The Lord chancellor must uphold the maintained independence of the judiciary.” - Judicial Appointments Committee (JAC) - transparent appointment of judges.
Define judicial neutrality.
Judges are impartial when making a judgement and not swayed by personal/political bias.
How is judicial neutrality maintained?
Maintenance of Judicial Neutrality:
- Relative autonomy - expected to avoid being critical of the gov. / avoid defending own rulings.
- Restriction on political activity e.g. Re. Pinochet - Lord Hoffman was affiliated with Amnesty International.
- High level training - University - Barrister for many years.
Give three ways in which the judiciary has become more political.
✔ HRA 1998 - Judges are able to rule a piece of legislation incompatible with the act.
✔ Factortame case (1990) judges are able to suspend legislation that contradicts EU law.
✔ CRA 2005 - separated from the HoL - added media scrutiny.
✔ Set precedent for parliamentary procedures e.g. 2016 High Court ruling that the gov. couldn’t trigger article 50 without parliamentary approval.
✔ Judicial review cases often involve politics e.g. Patrick McLaughlin reversing the decision to award FirstGroup the WCML franchise in 2012.
Give three ways in which the judiciary hasn’t become more political in recent years.
❌ JAC reduced political interference.
❌ CRA 2005 limits the role of the Lord Chancellor.
❌ Security of tenure
❌ Guaranteed salaries.
Give an advantage of judicial review.
Advantages:
✔ Holds ministers to account e.g. Patrick McLaughlin reversing the WCML franchise in 2012. He admitted ‘significant errors’.
✔ Free up parliamentary time.
How many judicial review cases were there in 2000 and how many in 2013?
2000 = 4200
2013 = 15,600
Give an example of a judicial review case in which a judge ruled there had been an inconsistency with the Human Rights Act 1998.
R (Bono) v. HDC - denied a right to a hearing (against Article 6).
Give three ways the UK Judiciary exercises influence over the government.
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 - e.g. R (Anderson) v. Secretary of State for Home Dept.) - s.29 Crime (Sentences) Act 1997
3) .
