UK Judiciary Flashcards
What is the judiciary?
The Judiciary deals with the interpretation and implementation of the law. Basically – they are judges within the courts system. There is not one single judiciary; England & Wales, Scotland, and Northern Ireland each have their own separate judicial system.
What are examples of some roles the judiciary fulfils?
• Presiding over court proceedings to ensure fair trials
• Interpreting and applying the law
• Enforcing common law (using legal precedent as a guide)
• Deciding on sentences
• Chairing public inquiries (investigations into events)
What is a separation of powers?
The Judiciary is separate, both physically and in terms of personnel, from both Parliament and government
What is ultra vires?
Everyone is subject to the law of the land – including government. If government is judged by the
courts to have overstepped their powers their actions are declared ultra vires – “beyond the law”
What is judicial review?
Judicial review is the power of the judiciary to scrutinise the actions of the government or other
public bodies and assess their legality
What are the origins of the UK Supreme Court?
Judicial review is the power of the judiciary to scrutinise the actions of the government or other
public bodies and assess their legality
Why was the UK Supreme Court created?
• Concern that separation of powers was insufficient in the UK system – we already have legislative/executive fusion, and when the Law Lords were the highest court
we had legislative/judicial fusion as well!
• The system by which the Law Lords were appointed was criticised for being too opaque (unclear)
• There was confusion over what exactly the Law Lords were supposed to do – whether their legislative or judicial function was more significant.
Membership of the UKSC
• There are 12 positions on the Supreme Court
• The original Supreme Court justices in 2009 were all the pre-existing Law
Lords, but they were barred from sitting or voting in the House of Lords
• From 1 October 2009, those appointed Supreme Court justices are not
automatically granted peerages
Appointments to the UKSC pre CRA
• Prior to the Constitutional Reform Act (2005), appointments to positions in the senior judiciary were made by the monarch with the advice of the Prime Minister and the Lord Chancellor (Minister of Justice)
• This would be done following secret meetings with existing members of the senior judiciary known as “secret soundings”
• This process was criticised for being opaque and elitist
Requirements to become a Supreme Court justice
• Must have held a position in the senior judiciary for at least two years OR
• Must have been a qualifying practitioner for at least 15 years
Appointment process to the UKSC
- A vacancy arises
- A five member selection commission is convened to consider possible nominees
- The commission submits a report to the Lord Chancellor identifying a nominee
- Lord chancellor either rejects selection (can’t reject the same candidate twice) or accepts selection and informs
Prime Minister - PM recommends candidate to Monarch
- Monarch officially appoints candidate
What’s judicial independence?
• The principle that the judiciary should be free from political control and interference
• This allows judges to “do the right thing” and apply the law fairly
• It also helps to ensure that no one, including government, is above the law
What’s judicial impartiality?
The principle that judges should operate impartially and without bias in their application of justice
What’s security of tenure?
Judges are appointed for life (until retirement at 75). Senior justices can only be removed by an impeachment process which requires a vote in both chambers of Parliament
What’re guaranteed salaries?
Judges are paid a salary that is set by an independent commission
What’s an independent appointments system?
Justices are appointed by an independent Judicial Appointments Commission (JAC)
What’s separation of powers?
The Constitutional Reform Act means that the Law Lords are no longer the highest court of appeal. The Lord Chancellor also plays a less important role in the appointment process
What’s the offence of contempt of Court?
The media, ministers and other individuals have strict legal regulations around speaking publicly about ongoing court cases
Training and experience
Senior judges have significant legal experience and training, are highly regarded within their position and take great pride in their position
Restriction on political activity
Judges are not supposed to publicly express their political views or campaign for political parties or causes
Legal justifications of arguments
Judges are expected to explain the legal justification (reasons) for their decisions and demonstrate that they are rooted in law
What’s the relative anonymity of judges?
Judges traditionally operate away from the public eye. They rarely speak out publicly, and are expected to avoid discussing their judgments with the media.
What’re limits to the powers of judicial review in the UK?
• In the UK, the judiciary’s powers of judicial review have traditionally been quite limited. The principle of Parliamentary sovereignty means that if the Supreme Court disagrees with an Act of Parliament, they ultimately
have no authority to strike down (overturn) that Act.
• Compare and contrast with the USA: In the US, the Constitution is sovereign, and therefore if the US Supreme Court rules that a law passed by US Congress is unconstitutional, the Court can strike down that law.
• However, two recent(ish) Acts greatly enhanced the powers of the Judiciary: the European Communities Act (1972) and the Human Rights Act (1998)
