The Judiciary Flashcards
What is the Rule of Law?
The rule of law is a fundamental principle of the unwritten UK constitution that states that
- The law applies to everyone
- everyone must be treated equally under the law
- the law is always applied to solve disputes, rather than using other means
.
What are arguments against the concept that no one is above the law?
- Parliament is sovereign and can make break or amend any law, so in a sense, they are above the law.
- The queen is not subject to the law
What are arguments against the concept that everyone is treated equally under the law?
- Only wealthy people can afford to be represented by good lawyers
- Legal aid may exclude people with ‘middle’ incomes and isnt easy to access
- Judges are not necessarily unbiased in all circumstances.
What are arguments against the concept that all disputes are dealt with under the law
- Not all crimes are reported
- Many crimes go by undetected
What does it mean for a judge to be independent?
Judges are separate from any other branch of government or are not subject to external biases from third parties.
What does it mean for a judge to be neutral?
Judges must make decisions objectively, without being influenced by internal biases based on their own values and beliefs.
How is the independence of Judges maintained?
- Appointed independently by the JAC
- Security of Tenure
- Pay not decided by Parliament
- MPs and Peers are forbidden to criticise the Judiciary
- Creation of the Supreme Court under the CRA 2005
How did the CRA 2005 that created the Supreme Court strengthen Judicial Independence?
The Supreme Court was its own entity, where before Judges were part of the House of Lords
How are judges ensured to be neutral?
- Forbidden to engage in political activity
- Legal training to be neutral
- Accountability through needing to justify rulings
Define a Civil Liberty and its difference from a civil right.
Civil liberties are freedoms from the government. They are ‘negative’ in the sense that they demand non-interference from the government, unlike civil rights which are ‘positive’ because they are given to you by the government.
Give Examples of judges acting in defence of civil liberties
- Abu Qatada
- Belmarsh
- Control Orders
Explain the Abu Qatada case
Judges refused the deportation of Abu Qatada to Jordan over allegations that he was part of Al Qaeda because they could not guarantee he wouldn’t be tortured or killed
Explain the Belmarsh Prison case
Nine suspected terrorists were held in Belmarsh Prison without trial, and were released on the grounds that the law on which the detention was based was illegally discriminatory
Give examples of an increase in Judicial Review since the 1980s
- School Rebuilding Program, Michael Gove 2011, Judges supported schools
- Judges oppose government attempt to curtail Judicial Review 2007
Give examples of authoritarian attempts to clamp down on terror
- Matrix Churchill incident
- Tony Blair 3 Prevention of Terrorism Acts
Explain the incident involving Matrix Churchill during the Iraq War, that was seen as an authoritarian attempt by the government to clamp down on terror
The government agreed to not permit anyone to arm either side of the war to stop it from escalating. They allowed Matrix Churchill to arm both sides and tried to deny it in court.
Explain how the 3 Terrorism acts put in by Tony Blair goes against civil liberties/human rights?
Allows unlimited detention, house arrests and gagging orders. Can ignore the Human Rights Act as it is only semi entrenched.
What is the Griffith view on the efficacy of Judges protecting civil liberties?
Judges can’t be independent or neutral. Most are private educated, 107/108 judges are white men, so they have social and political bias.
Give examples that support Griffith’s view about Judicial neutrality and independence
- Judges supported the rule that GCHQ employees could not unionise
- Judges imprisoned Clive Ponting for talking shit about the government in his book about the Falklands conflict
- Judges maintained a ban written by a former spy that the government put a gagging order on
Summarise the key points in support of judges ability to protect civil liberties
- Human Rights Act of 2000
- Constitutional Reform Act allowing for neutrality and independence
- Increase in Judicial Activism
- Increase in Judicial Review
Summarise the Key points in opposition to Judges ability to protect civil liberties
- Politicians can interfere because of Parliamentary sovereignty
- Social and Political Bias
What are the roles of Judges in the UK?
Judges in the UK are meant to only interpret law, not make law.
