The Judiciary and the separation of powers

Question 1

Who does the term ‘judiciary’ refer to?

Answer 1

All judges across England and Wales.

Question 2

What are the two categories of judges?

Answer 2

Superior and inferior.

Question 3

What is the president of Courts of England and Wales referred to as?

Answer 3

Lord or Lady Chief Justice.

Question 4

Which courts do superior judges sit in?

Answer 4

High Court, Court of Appeal and Supreme Court.

Question 5

What are judges in the Supreme Court referred to as?

Answer 5

Supreme Court Justices.

Question 6

How many judges will hear a Supreme Court / Court of Appeal case?

Answer 6

3-5

Question 7

How many Supreme Court Justices are there?

Answer 7

12

Question 8

How many Lord / Lady Justices of Appeal are there?

Answer 8

36

Question 9

What are judges in the High Court referred to as and which benches are they allowed to sit?

Answer 9

High Court / Puisne judges
All three High Courts divisions (KBD, Family and Chancery).

Question 10

Where are circuit judges allowed to sit?

Answer 10

Crown and County court.

Question 11

Where are district judges allowed to sit?

Answer 11

County and Magistrates’ court.

Question 12

What three roles do inferior judges have in criminal cases?

Answer 12

• Lead court proceedings
• Instruct jury on points of law
• Decide sentence if guilty.

Question 13

What four roles do superior judges have in criminal cases?

Answer 13

• Lead court proceedings.
• Decide guilt.
• Decide sentence if guilty.
• Set precedent for lower courts.

Question 14

What three roles do inferior judges have in civil cases?

Answer 14

• Lead court proceedings
• Decide liability from evidence
• Decide damages if any.

Question 15

What four roles do superior judges have in civil cases?

Answer 15

• Lead court proceedings
• Decide liability from evidence
• Decide damages if any
• Set precedents for lower courts

Question 16

Name advantages to the judiciary.

Answer 16

• Law controlled by legal experts
• Independent from Parliament
• Effectively plugs gaps in law via precedent
• Diversity in judiciary is improving.

Question 17

Name disadvantages to the judiciary.

Answer 17

• Law controlled by legal experts
• Independent from Parliament
• Effectively plugs gaps in law via precedent
• Diversity in judiciary is improving.

Question 18

Name disadvantages to the judiciary.

Answer 18

• 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.

Question 19

What three arms is power separated into?

Answer 19

• The executive (government cabinet ie Prime Minister)
• The legislature (Parliament)
• The judiciary.

Question 20

Why is power separated into three arms?

Answer 20

To prevent abuse of power.

Question 21

What is the role of the legislature?

Answer 21

To make law.

Question 22

What is the role of the executive?

Answer 22

To decide the action the country must take.

Question 23

What is the role of the judiciary?

Answer 23

To uphold law.

Question 24

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?

Answer 24

Immunity from prosecution (criminal)
Immunity from suit (civil).
As seen in Sirros vs Moore (1975)

Question 25

Why is it important that the executive cannot remove superior judges?

Answer 25

So that judges can safely make decisions that oppose the government without fear of sacking.