Unit 4: The Judiciary Flashcards
Name 5 courts below the Supreme Court in England and Wales
Court of Appeal High Court of Justice Crown Court Magistrates' Courts County Courts
Name 3 roles of the SC
Highest court of appeal
Judicial review and ultra vires
Common law
What did the Constitutional Reform Act of 2005 do?
Set up the UK Supreme Court and separated the legislative and the judiciary
How does a case get to the Supreme Court?
Passes through other courts, concern a wider issue of importance
What date was the Supreme Court introduced?
2009
Why was the Supreme Court introduced?
Decided that those who create laws and apply them should be separate
Increased public access and transparency
Who is underrepresented in the Supreme Court?
Females, BAME, lower-class
Name 2 reasons why a lack of diversity in the judiciary does/doesn’t matter
DOES: don’t reflect society - trust/bias, cannot understand context
DOESN’T: chosen based on expertise, not there to empathise, diversity growing lower down
How many justices are in the SC?
12
What court was before the SC as the highest court?
Law Lords in the House of Lords
Name 2 changes aside from introducing the SC that New Labour made
House of Lords Act 1999
Referendums Act 1997
What Supreme Court case involved Boris Johnson?
2019: Prorogation of parliament (was declared unlawful)
What are the 3 main strands of the rule of law according to AV Dicey?
No one can be punished without trial
No one is above the law
Principles of the constitution result from judges rather than Parliament
Name the two ‘twin pillars’ of the British Constitution according to AV Dicey
Parliamentary sovereignty
Rule of law
Name 3 reasons to suggest the rule of law is threatened in the UK
Fair trials not always maintained in practice (terrorists)
Mps, monarch and foreign ambassadors sometimes held above law e.g expenses scandal
Legal precedents can be overturned by statute law
Define judicial independence
Principle that the judiciary should be free from political control
Name 4 ways that judicial independence is maintained in the UK
Justices cannot be sacked by politicians (security of tenure)
Guaranteed salaries for justicies
Growing separation of powers
Independent appointment of justices (JAC)
Name 3 reasons the UK judiciary HAS become more politicised in recent years
Courts can suspend Acts of Parliament if they contradict EU law
Supreme court creation means judges more publicised
Politicians have recently criticised senior judge rulings, breaking convention
Name 3 reasons the UK judiciary HASN’T become more politicised in recent years
Appointments process more transparent
More independent through 2005 reform act
Insulated from pressure by protection (e.g security of tenure)
Define judicial neutrality
When judges are impartial and unbiased in their jobs so trials are fair
Name 3 ways judicial neutrality is achieved
Restriction on political involvement of judges
Intensive training and experience
Must justify judgement through laws - SC decisions on website
Name 2 threats to judicial neutrality
Judges mainly come from undiverse background (white male old oxbridge)
Have recently become more politicised
What requirement do you have to fill to be considered to be appointed to the SC? (2 ways)
High judicial office for 2 years
Qualifying practitioner for 15 years
Name the 5 steps in appointment to the judiciary
- Temporary five-member selection commission made
- Report made by commission and sent to Lord Chancellor
- Lord Chancellor either accepts, rejects, or asks commission to reconsider
- If accepted, PM MUST recommend candidate to queen
- Queen confirms appointment
Define doctrine
Ideas and beliefs that shape actions in a political group
Define principle
Foundation ideas and concepts that shape other ideas that lead on from them
What is the responsibility of the ECHR (European court of human rights)
Protect human rights in Europe and trial important cases
What year was the ECHR created?
1959
Define substantive rights
Protect individual freedoms e.g education
Define procedural rights
How the state should implement human rights laws and charge criminal violations e.g death penalty
Define the Rule of Law
Fundamental doctrine of the British Constitution ensuring that every individual must obey to the law
How were judges appointed before the JAC and why was this changed?
Secret soundings
Changed to make process more transparent and increase diversity (diversity hasn’t really changed though)
Define judicial review (UK)
When judges review actions of public officials and organisations to decide if they have acted lawfully
Name 2 uses of judicial review
Establish common law
Review appeal cases heard at lower courts
Name a reason why judicial review can lack power
Parliamentary sovereignty means courts cannot strike down statute law, can only say someone has acted unlawfully
Name an example of judicial review
Gurkha veterans being allowed UK visas after being refused / Serial rapist John Worboys being kept in prison
Name 3 reasons the UK supreme court is powerful
Creates common law - change constitution
Judicial review
Address disputes arising under EU law
Final court of appeal
Name 3 reasons the UK supreme court is less powerful
Can only review statute law - can easily be overturned
EU court more powerful
Recent politicisation comprimises power
Can use HRA to challenge gov. but as an Act it can’t be changed
