UK judiciary and constitution Flashcards

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1
Q

Other sovereignties?

A

Judicial, Executive, Devolved

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2
Q

What did the Constitutional Reform Act do?

A

Separated Law Lords into Supreme Court. Split Lord Chancellor into three jobs - Lord Speaker, Justice Secretary, Lord Chief Justice

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3
Q

Who is Justice Secretary?

A

Alex Chalk KC

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4
Q

Who is Chief Justice?

A

Baroness Carr

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5
Q

Requirements for Supreme Court Justice?

A

Legal practitioner for 15 years, member of senior judiciary for 2 years, selected by committee

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6
Q

Judicial Independence vs. Judicial Activism

A

Staying separate to Parliament vs. commenting on political schemes

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7
Q

Is the judiciary independent YES?

A

Section 4 HRA, Changes to LC,

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8
Q

Is the judiciary independent NO?

A

HRA gets political, LC doesn’t have to be a lawyer, less protection, Judicial Review and Courts Act reduces scope of judicial review

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9
Q

How are Supreme justices protected?

A

life tenure, salary set independently, anonymity, sub judice rule, immune from legal action relating to judicial functions

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10
Q

Judicial neutrality

A

Judges not allowed to be politically affiliated

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11
Q

Neutral YES?

A

several judges on panel, transparent process thought process, can vote, but not publicly, must declare personal interest

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12
Q

Neutral NO?

A

professional links to EU

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13
Q

Three areas of judicial review?

A

Illegality (ultra vires), Irrationality, Procedural Impropriety

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14
Q

Does judiciary defend civil rights and liberties? YES

A

don’t have to appeal to Strasbourg, can issue fine to authorities, separation of powers

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15
Q

Does judiciary defend civil rights and liberties? NO

A

Parliamentary sovereignty, uncodified (Belmarsh), can’t be proactive person needs to have standing

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16
Q

Are judge led enquiries beneficial? YES

A

controversial issues investigated out of political arena, independent, evidence-based

17
Q

Are judge led enquiries beneficial? NO

A

takes ages, expensive

18
Q

What did Judicial Review and Courts Act do?

A

Judges can choose to issue suspended quashing order so authority has time to amend itself.

19
Q

What is a quashing order?

A

Where judges can strike down secondary legislation.

20
Q

What happened to Cart Judicial Reviews?

A

Banned, cannot take cases higher than Upper Tribunal.

21
Q

Sources of constitution?

A

SCCREW - Statute, Common, Conventions, Royal prerogatives, External relations, Works of authority