The UK Judiciary Flashcards

1
Q

What are the three branches of government

A

1) judiciary (Supreme Court)
2) parliament (legislative)
3) prime minister and government

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2
Q

What is the judiciary responsible for

A

The implementation of law

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3
Q

What percentages of judges identify as BME

A

7%

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4
Q

What is the purpose of the Judicial Appointments Commission

A

An independent commission that selects candidates for judicial office in courts and tribunals in England and Wales.

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5
Q

Why was the judicial appointments commission set up

A

To strengthen judicial independence by taking responsibility for selecting candidates for judicial office
It makes the process more clearer and accountable

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6
Q

Describe the Supreme Court

A

The final court of appeal for all UK civil and criminal cases
Concentrates on cases of the greatest public and constitutional importance

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7
Q

What are civil liberties

A

Includes certain right such as the right to vote, fair trial, privacy and family life

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8
Q

What is the European court on human rights

A

Headquarters in France

In charge with supervising the enforcement of the convention on human rights

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9
Q

What is the European court of justice

A

Interprets EU law to make sure it is applied in the same way in all EU countries and settles legal disputes

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10
Q

What is a judicial review

A

A procedure by which a court can review an administrative action by a public body and secure a declaration, order or award.

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11
Q

What is a judicial enquiry

A

A legal investigation conducted into a matter of public concern by a judge

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12
Q

What is judicial neutrality

A

Ensuring that the judges apply law impartially without bias

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13
Q

What is judicial independence

A

The idea that those who are in the judiciary should be free from control or political influence

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14
Q

How is judicial independence maintained

A
  • ‘secure of tenure’ - judges are appointed for life in the UK only restriction is retirement at 75- this prevents them being threatened with sacking by politicians
  • separation of powers- Supreme Court moved out of parliament
  • independent appointment committee (JAC) brought about greater transparency
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15
Q

How is judicial neutrality guaranteed

A
  • anonymity of senior judges- judges operate away from the public eye
  • restriction of political activity- not allowed to campaign
  • legal justifications- judges must provide written judgements explaining their decision clearly.
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16
Q

What may be the threat to judicial neutrality

A

The fact that most senior judges are traditionally drawn from the same pool, ie white oxbridge middle class middle age men

17
Q

Explain why politicians should have power

A
  • politically independent- can question govt
  • operate strictly within law- prevent abuse of power
  • key role in conducting judicial review
18
Q

Explain why some argue judges have too much power

A
  • not elected and not accountable
  • make judgements which prevent govt from carrying out its function
  • challenge sovereignty of parliament