The Judiciary and the separation of powers Flashcards
Who does the term ‘judiciary’ refer to?
All judges across England and Wales.
What are the two categories of judges?
Superior and inferior.
What is the president of Courts of England and Wales referred to as?
Lord or Lady Chief Justice.
Which courts do superior judges sit in?
High Court, Court of Appeal and Supreme Court.
What are judges in the Supreme Court referred to as?
Supreme Court Justices.
How many judges will hear a Supreme Court / Court of Appeal case?
3-5
How many Supreme Court Justices are there?
12
How many Lord / Lady Justices of Appeal are there?
36
What are judges in the High Court referred to as and which benches are they allowed to sit?
High Court / Puisne judges
All three High Courts divisions (KBD, Family and Chancery).
Where are circuit judges allowed to sit?
Crown and County court.
Where are district judges allowed to sit?
County and Magistrates’ court.
What three roles do inferior judges have in criminal cases?
- Lead court proceedings
- Instruct jury on points of law
- Decide sentence if guilty.
What four roles do superior judges have in criminal cases?
- Lead court proceedings.
- Decide guilt.
- Decide sentence if guilty.
- Set precedent for lower courts.
What three roles do inferior judges have in civil cases?
- Lead court proceedings
- Decide liability from evidence
- Decide damages if any.
What four roles do superior judges have in civil cases?
- Lead court proceedings
- Decide liability from evidence
- Decide damages if any
- Set precedents for lower courts
Name advantages to the judiciary.
- Law controlled by legal experts
- Independent from Parliament
- Effectively plugs gaps in law via precedent
- Diversity in judiciary is improving.
Name disadvantages to the judiciary.
- Law controlled by legal experts
- Independent from Parliament
- Effectively plugs gaps in law via precedent
- Diversity in judiciary is improving.
Name disadvantages to the judiciary.
- Limited power to overrule malicious juries
- Difficult to remove incompetent / discriminant judges
- Judiciary is unelected
- Poor diversity means decisions don’t consider ethnic / socioeconomic / gender differences.
What three arms is power separated into?
- The executive (government cabinet ie Prime Minister)
- The legislature (Parliament)
- The judiciary.
Why is power separated into three arms?
To prevent abuse of power.
What is the role of the legislature?
To make law.
What is the role of the executive?
To decide the action the country must take.
What is the role of the judiciary?
To uphold law.
Due to the nature of their job, judges have immunity from what for acts they carry out in court? (2) and Which case decided that judges have immunity from suit?
Immunity from prosecution (criminal)
Immunity from suit (civil).
As seen in Sirros vs Moore (1975)
