The Law Flashcards
what does independence of the judicary mean?
Judges are seen to be independent in the UK
What is the Lord Justices of the Supreme Court?
There are 8 types of judges, these type of judges are appointed from current judges who hold a high judical office for at least 2 years, or from those who have been a solicitor or barister for at least 15 years.
What is the Lord Justices of Appeal (Court Appeal)?
Must have been a solicitor/ barrister for at least 7 years.
In reality all Lord Justices of Appeal are appointed from existing High Court Judges
What are Recorders?
They are part time judges who are appointed for periods of 5 years.
They must have been a solicitor/barrister for at least 7 years, they are found in the Crown Court most commonly
What are High Court Judges?
Must have been a solicitor or barrister for at least 7 years or have been a Circuit Judge for at least 2 years.
What are Circuit Judges?
Must have been a solicitor/barrister for at least 7 years, or be a Recorder, or have been a District Judge for at least 3 years.
They are found in the Crown or County Courts.
What is statutory interpretation?
the process which by courts interpret and apply legislation
What is legislation?
a law or set of rules that have been passed by parliament
What is the Literal rule?
This rule gives all the words in a statute their ordinary and natural meaning, on the principle that the best way to interpret the will of parliament is to follow the literal meaning of the words they have used. (Fisher v Bell)
What is the Golden Rule?
a rule of statutory interpretation and allows the courts to assume that Parliament intended that its legislative provision have a wider definition than its literal meaning
