the judiciary Flashcards
what is judiciary
when speaking of judges as a group , we refer to them as a judiciary
what are the types of judges
superior judges
inferior judges
which are the superior judges
the justice of supreme court
the lord justice of appeal in the court of appeal
high court judges
what are the inferior judges
circuit judges who sits in both the crown court and the county court
recorders who are part-timers who usually sit in the crown court
district judges who hears small claims and other matters in county court
district judges who sit in the magistrates’ court
tribunal judges
where are set out the qualification for the different judicial post
in the court and and enforcement act 2007
by whom is done the selection of superior judges
by lord chancellor
what changed the system of selection of superior judges
the constitutional reform act 2005
what happened after the constitutional reform act 2005
the judicial appointments commission to deal with the selection of judges
by who is made the appointment
once the candidates was selected the appointment is made by the queen
what is the role of the justice of the supreme court
lay people of good character who serve on the bench without payment
their work concerns appeals
what are lords justice of appeal
deal with both civil and criminal cases
sits as a panel of three to hear cases
what are high court judges
try cases at first instance
hear evidences from witnesses
decide what the law is and make the decision as to which side has won the case
sit on their own
what is a circuit judge
try cases in :
county court-civil cases
crown court -criminal cases
what are recorders
are appointed for a period of five years
are mainly in the crown court to try criminal cases
what are district judges
deal with small claims in the county court
what are district judges (of magistrates’ court)
try criminal cases in the magistrates’ court
sit on their own
decide fact of law
what is security tenure of superior judges
senior judges have security of tenure in that they cannot be dismissed by the government
they can only be removed by the monarch following a petition presented to her by both houses of parliament
what is tenure of inferior judges
the consent of the lord chief , justice , has the power to dismiss inferior judges for incapacity
by whom are investigated complaints against judges
by the judicial conduct investigations office
to whom is reported the complaints if the matter is true
to the lords chancellor, and
the lord chief justice
what is immunity from suit
judges are given immunity from prosecution for any acts they carry out
immunity from being sued
what is independence from the executive
superior judges cannot be dismissed by the government
they can make decision which may displease the government without the threat of being dismissed
by what is guaranteed the independence of judiciary
under the s 3 of the constitutional reform act 2005
is it true that the lord chancellor and other ministers can seek to influence particular judicial decision
no , it must not seek to influence particular judicial decision
what was the main reason for the creation of the supreme court in 2009
was to separate the judiciary from the legislature
independence from cases
the judge must not try any case where they have any interest in the issue involved
what are the way in which the independence is protected
security of tenure
immunity from suit
independence from the executive
independence from case
what are the reasons for judicial independence
to protect the liberty of the individual from abuse of power by he executive
is vital in democracy
the government cannot force the judges to resign
judges be impartial in their decision
judges must be free to exercise their judicial powers
what are the advantages of judicial independence
decisions are made only on the basis of the facts of the case and law
ensure fairness
judiciary are able to protect citizens against unlawful acts of government
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