UK judiciary and constitution Flashcards
Other sovereignties?
Judicial, Executive, Devolved
What did the Constitutional Reform Act do?
Separated Law Lords into Supreme Court. Split Lord Chancellor into three jobs - Lord Speaker, Justice Secretary, Lord Chief Justice
Who is Justice Secretary?
Alex Chalk KC
Who is Chief Justice?
Baroness Carr
Requirements for Supreme Court Justice?
Legal practitioner for 15 years, member of senior judiciary for 2 years, selected by committee
Judicial Independence vs. Judicial Activism
Staying separate to Parliament vs. commenting on political schemes
Is the judiciary independent YES?
Section 4 HRA, Changes to LC,
Is the judiciary independent NO?
HRA gets political, LC doesn’t have to be a lawyer, less protection, Judicial Review and Courts Act reduces scope of judicial review
How are Supreme justices protected?
life tenure, salary set independently, anonymity, sub judice rule, immune from legal action relating to judicial functions
Judicial neutrality
Judges not allowed to be politically affiliated
Neutral YES?
several judges on panel, transparent process thought process, can vote, but not publicly, must declare personal interest
Neutral NO?
professional links to EU
Three areas of judicial review?
Illegality (ultra vires), Irrationality, Procedural Impropriety
Does judiciary defend civil rights and liberties? YES
don’t have to appeal to Strasbourg, can issue fine to authorities, separation of powers
Does judiciary defend civil rights and liberties? NO
Parliamentary sovereignty, uncodified (Belmarsh), can’t be proactive person needs to have standing