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UK Government > Unit 4: The Judiciary > Flashcards

Unit 4: The Judiciary Flashcards

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1
Q

Name 5 courts below the Supreme Court in England and Wales

A 
Court of Appeal
High Court of Justice
Crown Court
Magistrates' Courts
County Courts
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2
Q

Name 3 roles of the SC

A

Highest court of appeal

Judicial review and ultra vires

Common law

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3
Q

What did the Constitutional Reform Act of 2005 do?

A

Set up the UK Supreme Court and separated the legislative and the judiciary

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4
Q

How does a case get to the Supreme Court?

A

Passes through other courts, concern a wider issue of importance

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5
Q

What date was the Supreme Court introduced?

A

2009

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6
Q

Why was the Supreme Court introduced?

A

Decided that those who create laws and apply them should be separate
Increased public access and transparency

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7
Q

Who is underrepresented in the Supreme Court?

A

Females, BAME, lower-class

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8
Q

Name 2 reasons why a lack of diversity in the judiciary does/doesn’t matter

A

DOES: don’t reflect society - trust/bias, cannot understand context

DOESN’T: chosen based on expertise, not there to empathise, diversity growing lower down

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9
Q

How many justices are in the SC?

A

12

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10
Q

What court was before the SC as the highest court?

A

Law Lords in the House of Lords

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11
Q

Name 2 changes aside from introducing the SC that New Labour made

A

House of Lords Act 1999

Referendums Act 1997

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12
Q

What Supreme Court case involved Boris Johnson?

A

2019: Prorogation of parliament (was declared unlawful)

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13
Q

What are the 3 main strands of the rule of law according to AV Dicey?

A

No one can be punished without trial

No one is above the law

Principles of the constitution result from judges rather than Parliament

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14
Q

Name the two ‘twin pillars’ of the British Constitution according to AV Dicey

A

Parliamentary sovereignty

Rule of law

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15
Q

Name 3 reasons to suggest the rule of law is threatened in the UK

A

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

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16
Q

Define judicial independence

A

Principle that the judiciary should be free from political control

17
Q

Name 4 ways that judicial independence is maintained in the UK

A

Justices cannot be sacked by politicians (security of tenure)

Guaranteed salaries for justicies

Growing separation of powers

Independent appointment of justices (JAC)

18
Q

Name 3 reasons the UK judiciary HAS become more politicised in recent years

A

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

19
Q

Name 3 reasons the UK judiciary HASN’T become more politicised in recent years

A

Appointments process more transparent

More independent through 2005 reform act

Insulated from pressure by protection (e.g security of tenure)

20
Q

Define judicial neutrality

A

When judges are impartial and unbiased in their jobs so trials are fair

21
Q

Name 3 ways judicial neutrality is achieved

A

Restriction on political involvement of judges

Intensive training and experience

Must justify judgement through laws - SC decisions on website

22
Q

Name 2 threats to judicial neutrality

A

Judges mainly come from undiverse background (white male old oxbridge)

Have recently become more politicised

23
Q

What requirement do you have to fill to be considered to be appointed to the SC? (2 ways)

A

High judicial office for 2 years

Qualifying practitioner for 15 years

24
Q

Name the 5 steps in appointment to the judiciary

A
  1. Temporary five-member selection commission made
  2. Report made by commission and sent to Lord Chancellor
  3. Lord Chancellor either accepts, rejects, or asks commission to reconsider
  4. If accepted, PM MUST recommend candidate to queen
  5. Queen confirms appointment
25
Q

Define doctrine

A

Ideas and beliefs that shape actions in a political group

26
Q

Define principle

A

Foundation ideas and concepts that shape other ideas that lead on from them

27
Q

What is the responsibility of the ECHR (European court of human rights)

A

Protect human rights in Europe and trial important cases

28
Q

What year was the ECHR created?

A

1959

29
Q

Define substantive rights

A

Protect individual freedoms e.g education

30
Q

Define procedural rights

A

How the state should implement human rights laws and charge criminal violations e.g death penalty

31
Q

Define the Rule of Law

A

Fundamental doctrine of the British Constitution ensuring that every individual must obey to the law

32
Q

How were judges appointed before the JAC and why was this changed?

A

Secret soundings

Changed to make process more transparent and increase diversity (diversity hasn’t really changed though)

33
Q

Define judicial review (UK)

A

When judges review actions of public officials and organisations to decide if they have acted lawfully

34
Q

Name 2 uses of judicial review

A

Establish common law

Review appeal cases heard at lower courts

35
Q

Name a reason why judicial review can lack power

A

Parliamentary sovereignty means courts cannot strike down statute law, can only say someone has acted unlawfully

36
Q

Name an example of judicial review

A

Gurkha veterans being allowed UK visas after being refused / Serial rapist John Worboys being kept in prison

37
Q

Name 3 reasons the UK supreme court is powerful

A

Creates common law - change constitution

Judicial review

Address disputes arising under EU law

Final court of appeal

38
Q

Name 3 reasons the UK supreme court is less powerful

A

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

UK Government (5 decks)

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