EXTRA-The Judiciary and its independence

Question 1

Why is legislation sometimes vague?

Answer 1

because it has emerged as a result of bargaining between competing parties and groups

Question 2

What does the judiciary do if there is vague legislation under which a case arises?

Answer 2

They go beyond interpretation and actually modify the law (When a judge makes a ruling then it is called common law)

Question 3

Who do the judges increasing involvement in public policy create unease to?

Answer 3

elected politicians, as the judiciary aren’t elected and it puts restrictions on what the politicians can do.

Question 4

What are the 5 functions that the judges perform

Answer 4

• They preside over criminal trials for serious offences
• They deliver sentences
• They peacefully resolve civil disputes
• They uphold the will of the legislature
• They have responsibility for judicial review

Question 5

What is criminal law?

Answer 5

This relates to the body of law dealign with crimes which are offences against the state. Th aim of the proceedings is to punish those who have broken the law.

Question 6

What is civil law?

Answer 6

This relates to the body of law with disputes between individuals or groups in society, in which the aim of proceedings is to win compensation

Question 7

Why is the role of courts expanding? (5)

Answer 7

• The expanding role of government
• The increasing complexity of governmental machinery
• An increase willingness to use the courts as a means of getting demands met
• An increasing emphasis on the rule of law and rights of citizens
• An unwillingness on part of politicians to deal with sensitive issues

Question 8

Why has the role of the court expanded because of the expanding role of government?

Answer 8

as there is more legislation on which to adjudicate. (Plus Supreme Court has made judges more independent)

Question 9

Why has the role of the court expanded because of the increasing complexity of governmental machinery?

Answer 9

As this means there is more of a likelihood of conflict between branches and levels of government. E.g. conflict between national government and devolved government.

Question 10

Who are the 2 main legal advisors of the government?

Answer 10

• the Attorney General

- the Solicitor General

Question 11

Where does trial by jury date back to?

Answer 11

The Norman Conquest 1066

Question 12

What is the jury seen as against oppression?

Answer 12

a bulwark (e.g. stopping a King just ruling that someone is guilty. It forces a trial and persuading a jury of guilt).

Question 13

What statute has restricted the right of trial by jury in some cases?

Answer 13

Criminal Justice Act 2004

Question 14

What is judicial independence?

Answer 14

Judicial independence is now officially enshrined in law. The CRA provides for the separation of the judiciary from the legislature and for the executive.

Question 15

What are the 3 key changes regarding judicial independence?

Answer 15

• Limiting the judicial role of the Lord Chancellor
• Establishing a new Supreme Court separate from the HOL and removing law lords from the legislature
• Creating a new independent Judicial Appointments Commission

Question 16

Which country is an example where there is a strong independent judiciary?

Answer 16

India

Question 17

In what 3 main ways is the independence of the British judiciary supposed to be protected?

Answer 17

• the way in which judges are selected
• their security of tenure
• their political neutrality

Question 18

What is there a tradition in , in regards to the remarks and sentences of judges in court cases?

Answer 18

They are not subject to parliamentary debate or criticism

Question 19

Which peer said that parliamentary criticism is ‘subversive of the independence of the judiciary’?

Answer 19

Lord Hailsham

Question 20

What ensures judicial independence in terms of salary?

Answer 20

the judges revive fixed salaries which are not subject to parliamentary approval