The Judiciary Flashcards
The Human Rights Act allows judges to issue what when law do not comply with the European Convention of Human Rights?
Declaration of incompatibility
The principle that the judiciary should be separate from the other branches of government, and free from outside influence
Judicial independence
Term to describe all citizens are being treated equally and daily under the law - the law is applied fairly and all trials and hearing conducted fairly
Legal justice
Meaning that all EU laws are supreme over conflicting UK laws
Doctrine of Supremacy
1991 landmark case in which the High Court set aside the Merchant Shipping Act 1988 as it conflicted with EU fisheries directives
Factortame case
Latin for “under judgement” where MPs and Lords are not allowed to discuss in Parliament and the media cannot comment on legal cases still under trial
Sub judice
2005 Act that enhances judicial independence by establishing a Supreme Court and reforming the appointment process and role of the Lord Chancellor
The Constitutional Reform Act
Inquiry into the behaviour of the British press following the revelations of the News of the World’s phone hacking scandal in
Leveson Inquiry
International treaty, drafted in 1950 by the Council of Europe to protect human rights across Europe enforced by the European Court of Human Rights
European Convention on Human Rights
The Lord Chancellor who, in 1987, relaxed the Kilmuir Rules in judges appearing in the media
Mackay
A system of government that splits power into different branches preventing too much power being held by only a few people
Separation of powers
In what year did the Supreme Court open?
2009
The term used to refer to UK courts and the justices that reside over them
Judiciary
Where a job is permanently held until requirement and the list holder cannot be sacked or removed except under specific circumstances
Life tenure
Court established by the European Convention on Human Rights to uphold and enforce the rights contained in the treaty
European Court of Human Rights
Established by the Constitutional Reform Act, an independent body that selects candidates for judicial office in courts and tribunals
Judicial Appointments Commission
Act of Parliament that incorporates the rights contained in the European Convention on Human Rights into UK law
Human Rights Act 1998
The basic rights to be free from unequal treatment or discrimination based on certain protected characteristics
Civil rights
Where judges review whether the actions taken or decisions made by a public body are unlawful
Judicial review
Principle that the judiciary should be completely impartial ensuring that their own political views and biases do not influence their decision s
Judicial neutrality
The basic rights and freedoms that citizens benefit from under the law, protecting citizens from arbitrary government intrusion into their lives
Civil liberties
Term either used to criticise judges for allowing political views to shape decisions or to describe their willingness to challenge the government
Judicial Activism
Under section 10 of the Human Rights Act, the government can issue this in order to quickly amend legislation found to be incompatible with the HRA
A remedial order
The legal principle that all people, including the government, are subject to and accountable to the law which should be fairly applied and enforced
Rule of law
In order to maintain neutrality, judges:
Can vote but can’t openly endorse a party or candidate
A latin term loosely translated to mean “beyond ones powers”
Ultra vires
