UK GOV- BRANCHES 4.1.2 Judicial independence and neutrality Flashcards
What is judicial independence?
The judiciary should operate free from political control.
What is judicial neutrality?
The judiciary should operate impartially in their administration of justice.
What is one of the ‘twin pillars of the constitution’ according to A.V. Dicey?
The rule of law.
How does judicial independence help uphold the rule of law?
It ensures that judges can make decisions free from external pressures.
What are the elements that secure judicial independence? List them.
- They are separate from other branches.
- They are appointed by an independent body.
- They have security of tenure.
- They have security of pay.
- The offence of contempt of court.
What is a significant threat to judicial independence?
The media.
True or False: The Supreme Court justices can vote on legislative measures in the House of Lords.
False
What was the funding cuts for the Ministry of Justice in the 2010s?
Funding was cut by 1/3.
What did the Daily Mail call judges in a 2016 headline?
Enemies of the people.
2016
What is one way judicial neutrality is promoted in the judiciary?
Peer review.
Fill in the blank: The judiciary is expected to operate free from ______ and political bias.
personal
What percentage of the Supreme Court is described as white?
100%
What percentage of the Supreme Court is described as male?
83%
What can undermine the idea that the Supreme Court acts neutrally?
Media hostility towards Supreme Court decisions.
What was the Kilmuir Rules’ purpose from 1955-1987?
Judges would not engage in public debate to uphold judicial independence.
Who can accept or reject the recommendations of the JAC when selecting a Supreme Court judge?
The Lord Chancellor.
How many female Supreme Court justices have there been?
5
What significant change occurred regarding Supreme Court justices’ membership in the House of Lords?
They are no longer given membership.
What did the All Party Parliamentary Group on democracy and the constitution report criticize in 2022?
Ministers for publicly questioning judges or threatening court reform.
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