Topic 9: The Judiciary

Question 1

1. Explain and analyse 3 features of the appointments process of the Supreme Court:

Answer 1

1. Independent Judicial Appointments Commission (JAC) – Ensures fairness in selecting judges.
2. Merit-based selection – No political influence in the UK compared to the US.
3. not political– the selection committee chooses and then that is recommended to the PM by Lord chancellor (Shabana Mahmood)

Question 2

2. Explain and analyse three ways in which judicial independence is upheld in the UK:

Answer 2

1. Security of tenure – Judges cannot be removed due to political pressure.
2. Neutral appointments process – Overseen by the JAC.
3. Separate funding – Judiciary funded independently from the executive.

Question 3

3. Explain and analyse 3 criticisms of the Supreme Court:

Answer 3

1. Judicial activism – Accusations during Brexit rulings (e.g., Miller cases).
2. Unelected judges – No democratic mandate.
3. Limited diversity – Criticism for lack of representation in terms of gender and ethnicity.

Question 4

4. Explain and analyse 3 arguments in favour of replacing the Human Rights Act with a British Bill of Rights:

Answer 4

1. Reasserting parliamentary sovereignty – Reduce European Court of Human Rights’ influence.
2. Tailored rights – Focus on UK-specific issues.
3. Simplified legal system – Greater clarity on human rights legislation.

Question 5

5. Explain and analyse 3 roles/functions of the Supreme Court:

Answer 5

1. Guardian of the constitution – Ensuring government actions comply with laws (e.g., Miller rulings).
2. Judicial review – Scrutinising executive decisions.
3. Interpreting laws – Providing clarity on statutory language.