UK Judiciary Flashcards
When was the Supreme Court in the UK established?
2005 following the Constitutional Reform Act
3 Main issues with the appointment system of Judges before 2005?
Dominated by Politicians, Secretive, Discriminatory
What makes an eligible Supreme Court Judge?
Judicial office for at least 2 years
OR
Qualified practitioner in the senior courts for 15 years.
What is the Appointment process of a Supreme Court Judge in the UK?
Committee submits a report of eligible candidates to Lord Chancellor. Prime Minister then selects candidate who is confirmed by the Queen.
2 main features of The Rule of Law and how they have been challenged
No one can be punished without trail (detention of terrorists) & No one is above the law (expenses scandal)
How is Judicial Impartiality maintained? (4)
‘Anonymity’
Limited political activity
Legal Justification of Judgments
High level of training
How is Judicial Independence maintained? (4)
Open ended tenure
Granted salary
Separation of powers
Independent appointment system
How do Judges stop being Judges?
Impeachment or Retire by the age of 75.
Reasons for independence? (3)
effectively scrutinises executive, rights of citizens are better protected, avoids corruption.
What is Judicial Review?
Power to review & determine a parliamentary action/decision as unlawful
What does Judicial Review establish?
Common Law - element of the UK Constitution.
What us ‘Ultra Vires’
Acting beyond ones legal authority
What does the Supreme Court do?
Review precedents, make Ultra Vires rulings and issue ‘declarations of incompatibility’ under the Human Rights Act 1998.
Nicklinson vs. Ministry of Justice 2014
Article 8 of the Human Rights Act ‘Right to Private Life’ does not justify assisted suicide
