The Judiciary Flashcards
When was the UK Supreme Court established?
2009 as part of the constitutional reform, replaced the Law Lord in the Supreme Court
What are some of the rules regarding the cases brought to the court
- Travels through other courts first before it reacher the supreme court
- Once the court rules on a case and determines the precedent, it is referred back to a lower court to make a ruling in line with this precedent
- Must address ‘wider issues of society’
How can the judiciary be seen to be independent?
- Judges can only be removed for misconduct
- Reform has occurred to make the role more independent
- Salaries cannot be decreased
- Politicians and media are forbidden from talking about cases
- Justices are meant to protect law, risk ruining their judicial reputation
How can there be seen to be issues with the independence of the judiciary?
- UK increasingly seen as an elective dictatorship
* Fusion of power means that the court is subordinate to the executive
Evidence of neutrality of the judiciary
- Justices aim to uphold law
- Seen to work with and against both parties, ‘above politics’
- Evidence that race/class/gender influence affect rulings is not seen to be abundant or strong
Evidence of bias of the judiciary
- Judges can be influenced by politicians - eg they’re appointed by them, may feel duty bound to party that appointed them
- More likely to be conservative in ideology, uphold status quo
- Predominantly male white and upper class their ruling may not be in the interests of minorities (women, ethnic minorities
Why is the judiciary limited on how its judicial review works?
In the UK laws made by the government can come under scrutiny by the supreme court, but the rulings produced by the court don’t change or affect the law it is the government who has to alter it