UK judiciary

Question 1

what is the judiciary

Answer 1

• normal usage refers to collective of all UK judges from magistrates on tribunal right up to 12 senior judges in supreme court =
• encompassing all of those directly involved in administration and application of law

Question 2

what major changes have been made to the judiciary

Answer 2

• constitutional reform act 2005 replaces 12 law lords who sat in appellate committee in the House of Lords which began work in October 2009
• due to concerns such as:
  
  • incomplete separation of powers due to law lords of upper legislature
  • criticism of lack of transparency around appointment of senior judges
  • confusion over work of law lords: had legislation and judicial functions
• reduced the power of Lord Chancellor and put appointment into hands of new independent judicial appointments commission

Question 3

what where secret soundings

Answer 3

• meetings between Lord Chancellor and associates led to accusations of elitism
• getting suggestions from existing senior judges leads to all judges being from same social circle of Oxbridge graduates
• after October 2009 Law lords banned form voting on legislation but kept their seats

Question 4

what is judicial independence

Answer 4

• the ability for judges to do their jobs free from political control
• absence of independence can lead to lack of neutrality
• Based on 6 major pillars:
  
  • ‘security of tenure’ term limited only by retirement at 75
  • guaranteed salaries which can’t be changed by politicians
  • offence of contempt of court: media, politicians etc. can’t speak to public about judicial proceedings during legal proceedings
  • growing separation of powers
  • independent appointment system (JAC)
  • trained and experienced judges

Question 5

how is judicial neutrality guaranteed

Answer 5

• neutrality always affected by personal bias however certain factors increase neutrality
• Relative anonymity of senior judges: traditionally kept away from public eyes. Rarely speak out about issues of law or public policy
• restriction of political activity e.g. can’t campaign for a party
• have to offer legal explanation for decision
• highly trained judges

Question 6

how is judicial neutrality threatened

Answer 6

• shallow recruiting pool leads to court full of Oxbridge graduate, white, middle class men which isn’t representative of population
• senior judges have been drawn into political fray in past such as in 1998 Human rights act led to politicalisation of judiciary

Question 7

what is Judicial reviews

Answer 7

• responsible for reviewing actions of government or public agents if their actions are Ultra Vires ( beyond their powers)
• government can be brought to court on same grounds as any individual or corporation
• if person feel aggrieved by government actions can appeal for judicial review

Question 8

what is needed to be granted a judicial review

Answer 8

• granted on 4 grounds
  1. sufficient evidence that public authority has exceeded their power (Ultra Vires)
  2. public authority hasn’t acted free from bias or fairly
  3. if public authority has acted irrationally or irresponsibly gives judges great deal of discretion on what is considered irrational
  4. goes against Human Rights act 1998

Question 9

what is an example of Judicial review

Answer 9

• Brexit Ruling (2017) : brought by Gina Miller argued government couldn’t use article 50 without approval by parliament which the courts agreed with
• bedroom tax (2016): court of appeal ruled that certain people shouldn’t face cuts in housing benefits if extra room in house

Question 10

strengths of judicial reviews

Answer 10

• ensures rule of law: assures that the government act within the law and can be held accountable
• protects individual rights: allows a mechanism for individuals to challenge actions of public bodies
• promotes fairness: ensure public bodies act fairly and reasonably
• prevents government abuse of powers

Question 11

weaknesses of judicial reviews

Answer 11

• expensive procedure inaccessible for most people
• limited scope: limited to legality of actions not merit
• inconsistent decisions: judges may have different of what is considered fairness or irrational actions
• backlog of cases: judges delayed due to backlog
• limited powers: don’t have power to strike down laws made by parliament

Question 12

what are judicial inquiries

Answer 12

• carried out when government asks judiciary to investigate issues, events and controversies
• often relate to highly controversial issues and can involve judiciary in politics

Question 13

strengths of inquiries

Answer 13

• expertise and impartiality: experienced in handling diverse evidence and opinions ensuring qualified and impartial inquiries
• transparency and accountability: can expose government shortcomings promoting transparency and accountability
• provide public insight into government conduct
• reminds government it isn’t above the law
• deters ministers from wrongdoing

Question 14

weaknesses of inquiries

Answer 14

• executive decide if and when a inquiry happens
• potential bias as judges avoid criticizing establishment they’re apart of
• depends on judges competence and governments willingness to act on recommendations
• can drag judges into political controversy affecting judicial neutrality
• few tangible actions against those responsible