1.1.2 - The Judiciary in the UK

Question 1

Question 1
What was the role of the Lord Chancellor before the 2005 reforms?

Answer 1

• The Lord Chancellor was a member of the Cabinet.
• Head of the Judiciary.
• Presided over House of Lords proceedings.

They occupied a position in all three branches of Government.

Question 2

Question 2
Why was the pre-2005 judicial system seen as problematic?

Answer 2

It lacked a clear separation of powers, risking political influence over judicial decisions & undermining the principles of judicial independence & the Rule of Law.

Question 3

Question 3
How were senior judges appointed before the reforms?

Answer 3

By the Prime Minister & the Lord Chancellor.

Question 4

Question 4
Why were the officials responsible for appointing the senior judges an issue before the reforms?

Answer 4

They were both members of the governing political party, raising concerns about political bias.

Question 5

Question 5
Why was the old House of Lords appellate system seen as unjust or confusing?

Answer 5

Because judges were also members of the legislature, involved in both making & interpreting laws.

Question 6

Question 6
What was the aim of the Constitutional Reform Act 2005?

Answer 6

• To increase judicial independence.
• Separate the powers of government.
• Align the UK with modern constitutional principles.

Question 7

Question 7
What three main reforms were introduced by the Constitutional Reform Act 2005?

Answer 7

• Reduced the Lord Chancellor’s powers.
• Created the Judicial Appointments Commission (JAC).
• Established a new, separate Supreme Court in 2009.

Question 8

Question 8
What change was made to the role of Lord Chief Justice after the reforms?

Answer 8

The Lord Chief Justice became the head of the judicial system.

They replaced the Lord Chancellor in this role.

Question 9

Question 9
What is the role of the Judicial Appointments Commission (JAC)?

Answer 9

To propose candidates for senior judicial positions, reducing political influence in appointments.

Question 10

Question 10
When did the new Supreme Court officially open & where is it located?

Answer 10

It opened in autumn 2009 & is located in Middlesex Guildhall.

Question 11

Question 11
What were the four main aims of the judicial reform?

Answer 11

• Increase separation of powers.
• Enhance judicial independence.
• Remove the ambiguity of the Lord Chancellor’s role.
• Align with modern constitutional practices like in the US.

Question 12

Question 12
What criticism was directed at the 2005 reforms?

Answer 12

That they were rushed & not carefully thought through.

Question 13

Question 13
How did commentator McNaughton view the Supreme Court reforms?

Answer 13

He suggested early signs indicated the Court would become genuinely independent.

Question 14

Question 14
What are the future implications of the UK Supreme Court?

Answer 14

It may challenge Parliamentary sovereignty by interpreting legislation against constitutional or European principles, increasing its power.

Question 15

Question 15
What are the five constitutional roles of the UK Supreme Court?

Answer 15

• Uphold the rule of law.
• Ensure no government body acts ultra vires.
• Remain politically neutral.
• Set legal precedents.
• Hear and rule on appeals.

Question 16

Question 16
What does it mean that the Supreme Court is the “final court of appeal”?

Answer 16

It is the highest court in the UK judicial system, hearing appeals on important legal issues from lower court & its decisions set binding precedents.

Question 17

Question 17
Give an example of a recent Supreme Court ruling that has shaped UK law.

Answer 17

The Court defined a woman based on biological sex, a decision now applied across the UK legal system.

Question 18

Question 18
How does the physical separation of the Supreme Court reflect judicial independence?

Answer 18

The Court is located in Middlesex Guildhall, separate from the Legislature & Executive, symbolising institutional independence.

Question 19

Question 19
Why is judicial independence critical to the rule of law?

Answer 19

It allows fair, impartial justice & prevents political interference, which is essential for protecting civil liberties.

Question 20

Question 20
What’s the difference between judicial independence & judicial neutrality?

Answer 20

• Independence means freedom from external influence.
• While neutrality refers to judges not allowing personal biases to affect rulings.

Question 21

Question 21
Name the five pillars that maintain judicial independence in the UK.

Answer 21

• Judges serve until age 75.
• Salaries paid from Consolidated Fund.
• Contempt of court/sub judice rules.
• Independent Judicial Appointments Commission.
• Long legal training and integrity.

Question 22

Question 22
What is the function of the Judicial Appointments Commission (JAC)?

Answer 22

To make judicial appointments transparent & free from political bias.

Question 23

Question 23
Why is full judicial neutrality considered impossible?

Answer 23

Judges inevitably hold personal views, but professional safeguards aim to prevent these from affecting rulings.

Question 24

Question 24
What is Constitutional Judicial Review in the UK?

Answer 24

The Court reviews laws or actions for constitutionality & while it can’t strike them down, it can highlight violations.

Question 25

Question 25 Give an example of Constitutional Judicial Review in practice.

Answer 25

The Supreme Court ruling on the legality of the Rwanda Bill.

Question 26

Question 26 What is the doctrine of ultra vires?

Answer 26

It refers to a body or official acting beyond their legal power.

Question 27

Question 27 Provide a notable example of an ultra vires ruling.

Answer 27

Boris Johnson's 2019 prorogation of Parliament was ruled unlawful.

Question 28

Question 28 Why is the doctrine of ultra vires important in a democracy?

Answer 28

It ensures government officials act within legal limits, maintaining constitutional integrity.

Question 29

Question 29 List the four methods used to help ensure judicial neutrality.

Answer 29

* Relative anonymity. * Restrictions on political activity. * Legal justification for judgments. * High-level legal training.

Question 30

Question 30 What is Relative anonymity as a method used to help ensure Judicial Neutrality?

Answer 30

Until recently senior judges rarely spoke publicly on issues of the law or public policy & they're still expected to be drawn in to open defence of their rulings, or criticism of those in Government.

Question 31

Question 31 What is Restrictions on Political activity as a method used to help ensure Judicial Neutrality?

Answer 31

Judges aren't permitted to campaign on behalf of a political party or pressure group. Their political views/ outlook shouldn't become a matter of public record.

Question 32

Question 32 What is Legal jurisdiction for judgements as a method used to help ensure Judicial Neutrality?

Answer 32

Senior Judges are generally expected to explain how their decisions are rooted in law, leaving less room for personal bias.

Question 33

Question 33 What is High-level legal training as a method used to ensure Judicial Neutrality?

Answer 33

Judges are part of a highly trained profession, regulated by the Law Society. Elevation to the higher Judicial ranks normally reflect the belief they're able to put aside ay personal bias thay might hold when administering Justice.

Question 34

Question 34 What was the legal issue in The Definition of a ‘Woman’ case 2025?

Answer 34

Whether the term “woman” in the Equality Act 2010 included transgender women with Gender Recognition Certificates.

Question 35

Question 35 What triggered the legal challenge in the 2025 case?

Answer 35

A 2018 Scottish law & guidance aimed at gender balance on public boards included transgender women as “women”. ## Footnote This was later challenged by 'For Women Scotland'.

Question 36

Question 36 What was the UK Supreme Court’s ruling in April 2025?

Answer 36

The Court ruled that the Equality Act’s definition of “woman” is based solely on biological sex.

Question 37

Question 37 Why did the Supreme Court reject the broader interpretation of “woman”?

Answer 37

Including those who had changed legal gender would make the Equality Act “incoherent and impracticable”.

Question 38

Question 38 What does the 2025 definition of a Woman case reveal about the Supreme Court’s power?

Answer 38

It shows the Court’s role in interpreting law & clarifying statutory definitions, even on socially sensitive issues.

Question 39

Question 39 What does the definition of a Woman case say about the Court’s authority?

Answer 39

It confirms the Court's power to resolve legal ambiguities & reject government interpretations.

Question 40

Question 40 What is a key rights-related impact of the 2025 ruling on the definition of a Woman?

Answer 40

It has sparked debate about balancing sex-based rights & transgender rights.

Question 41

Question 41 What do supporters say about the 2025 decision on the definition of a Woman?

Answer 41

It protects sex-based rights & single-sex spaces.

Question 42

Question 42 What do critics say about the 2025 decision on the definition of a Woman?

Answer 42

It limits transgender individuals’ rights & access to gender-aligned spaces.

Question 43

Question 43 What happened in R v Horncastle & Others 2009?

Answer 43

The victim died before trial; his prior statement - hearsay evidence - was admitted under the 2003 Criminal Justice Act.

Question 44

Question 44 What was the conflict between the UK & ECtHR in Horncastle?

Answer 44

The ECtHR ruled hearsay-only convictions violated human rights, but the UK Supreme Court disagreed.

Question 45

Question 45 What did the UK Supreme Court decide in Horncastle?

Answer 45

It upheld the use of hearsay with safeguards & ruled that UK courts are not bound by ECtHR decisions.

Question 46

Question 46 What does the Horncastle case show about the UK Supreme Court’s power?

Answer 46

It shows UK courts can diverge from ECtHR rulings if inconsistent with UK law.

Question 47

Question 47 How did the Horncastle case assert judicial independence?

Answer 47

It emphasized the UK courts’ autonomy & critical engagement with international precedents.

Question 48

Question 48 What rights issue did the Horncastle case raise?

Answer 48

Whether hearsay evidence undermines the right to a fair trial.

Question 49

Question 49 What were the supporters views on the Horncastle case ruling?

Answer 49

It ensures justice by allowing carefully controlled use of hearsay.

Question 50

Question 50 What were the critics views on the Horncastle case ruling?

Answer 50

It weakens fair trial protections.

Question 51

Question 51 What historical event led to England & Wales sharing the same legal system?

Answer 51

The Acts of Union in the 1530s and 1540s, which merged the legal systems of England & Wales.

Question 52

Question 52 Why is Wales considered an anomaly in the UK legal system?

Answer 52

Wales shares a legal system with England, unlike Scotland & Northern Ireland, which have their own distinct legal systems.

Question 53

Question 53 What is the current devolution system in Wales?

Answer 53

Wales has a conferred powers system, meaning it can only legislate on 21 specific areas devolved by Westminster.

Question 54

Question 54 How does current Welsh devolution differ from the other devolution systems in the UK?

Answer 54

Scotland and Northern Ireland, have reserved powers & can legislate on all matters except those explicitly reserved by Westminster.

Question 55

Question 55 What is the major difference between the devolution systems in Wales, Scotland & Northern Ireland?

Answer 55

Wales lacks the same legislative powers as Scotland & Northern Ireland, making it the only country without a separate legal jurisdiction.

Question 56

Question 56 What significant change occurred in 2011 for Welsh law?

Answer 56

Following a referendum, the Welsh Assembly gained primary legislative powers, creating a body of law applicable only to Wales.

Question 57

Question 57 What does the renaming of the Welsh legislative body to Senedd Cymru in 2020 signify?

Answer 57

The renaming signals a new era in Welsh devolution, as part of the Wales Act of 2017, transitioning Wales to a reserved powers model similar to Scotland & Northern Ireland.

Question 58

Question 58 What does the reserved powers model allow in Wales?

Answer 58

The reserved powers model allows the Welsh Parliament to legislate on all areas not explicitly reserved by Westminster.

Question 59

Question 59 Why is Wales considered an anomaly in legal respects compared to Scotland & Northern Ireland?

Answer 59

Wales is the only one without a separate legal jurisdiction & operates under a conferred powers system, unlike Scotland & Northern Ireland which have a reserved powers system.

Question 60

Question 60 What was the Thomas Commission formally known as?

Answer 60

The Commission on Justice in Wales.

Question 61

Question 61 What longstanding issue does the Thomas Commission address?

Answer 61

The creation of a new Welsh jurisdiction.

Question 62

Question 62 What problems in Welsh justice did the Thomas Commission identify?

Answer 62

Incoherence, incoordination, & unaccountability.

Question 63

Question 63 According to the Thomas Commission, what partly contributes to the need for jurisdictional change in Wales?

Answer 63

The distinct legal developments in Assembly Measures & Senedd Acts.

Question 64

Question 64 What long-term reform did the Thomas Commission recommend?

Answer 64

The establishment of a distinct Welsh judiciary and court system, while retaining the Supreme Court's jurisdiction.

Question 65

Question 65 Did the Thomas Commission propose a separate legal profession for Wales?

Answer 65

No, it recommended retaining a single legal profession for England & Wales.

Question 66

Question 66 What short-term proposal did the Welsh government support regarding Welsh jurisdiction?

Answer 66

The immediate creation of a distinct Welsh jurisdiction that would initially share a judiciary and legal profession with England.

Question 67

Question 67 How would High Court judges function under the Welsh government's proposals?

Answer 67

High Court judges of England would also serve as High Court judges of Wales.

Question 68

Question 68 What analogy is used to explain the shared judiciary model in the Welsh proposals?

Answer 68

The Justices of the Supreme Court also serving as judges of the Judicial Committee of the Privy Council.

Question 69

Question 69 What is considered a natural consequence of devolution in the context of Wales?

Answer 69

The creation of a new legal jurisdiction.

Question 70

Question 70 What did Theo Huckle QC say in 2015 about legislatures & legal jurisdictions?

Answer 70

That every sub-national legislature in the common law world has an accompanying legal jurisdiction.

Question 71

Question 71 Why is it problematic for English-only statutes to influence Welsh common law?

Answer 71

Because it undermines the logic of localized lawmaking & can lead to judicial inconsistencies.

Question 72

Question 72 What fundamental principle is at risk without a distinct Welsh jurisdiction, according to the text?

Answer 72

The rule of law, particularly public trust & attachment to the justice system.

Question 73

Question 73 What metaphor is used to describe Wales’ marginalisation in the UK legal system?

Answer 73

Wales is likened to a "Cinderella polity" – lost & forgotten.

Question 74

Question 74 What challenges does the Welsh language face in the current legal system?

Answer 74

Legal education & professional exams are rarely available in Welsh & legal practice is predominantly in English.

Question 75

Question 75 Since when have Welsh speakers been able to use Welsh in court & under what law?

Answer 75

Since 1942, under the Welsh Courts Act.

Question 76

Question 76 What historical precedent supports the idea of a separate Welsh legal system?

Answer 76

The laws codified by Hywel Dda in 950, which reflect a distinct & sophisticated Welsh legal tradition.

Question 77

Question 77 How does the case for a Welsh jurisdiction relate to the UK’s multicultural & multinational nature?

Answer 77

With separate jurisdictions for Scotland & Northern Ireland, legal diversity for Wales would align with modern UK principles.

Question 78

Question 78 What did a 2014 BBC/ICM poll show about Welsh public opinion on justice devolution?

Answer 78

60% of Welsh people supported the devolution of justice.

Question 79

Question 79 What economic drawback might arise from creating a new Welsh jurisdiction?

Answer 79

English businesses might avoid Welsh solicitors & top Welsh legal talent may train in England instead.

Question 80

Question 80 What is a possible regulatory risk of jurisdictional separation in Wales?

Answer 80

Wales might lower legal standards to attract business, causing a "race to the bottom."

Question 81

Question 81 How could a Welsh jurisdiction impact legal complexity?

Answer 81

It could increase administrative & legal uncertainty, especially in the context of post-Brexit complexity.

Question 82

Question 82 Does a Welsh jurisdiction need to fully mimic Scotland or Northern Ireland's models?

Answer 82

No, more flexible models can balance distinction with integration, minimizing friction.

Question 83

Question 83 What is an example of a more flexible jurisdictional model suggested by scholars?

Answer 83

Assigning Welsh courts jurisdiction over devolved matters while UK courts retain others - E.g. admiralty law - as seen in Canada.

Question 84

Question 84 Who proposed the model of shared jurisdiction based on subject matter?

Answer 84

Professor Richard Percival.

Question 85

Question 85 What legal figure described a distinct Welsh jurisdiction as “inevitable”?

Answer 85

Jeremy Miles Counsel General for Wales.

Question 86

Question 86 What is required for the legal structure of the UK to be altered to create a Welsh jurisdiction?

Answer 86

An Act of the UK Parliament.

Question 87

Question 87 Why might Conservatives in Westminster resist further devolution?

Answer 87

They may be reluctant to hand power to a polity they believe they cannot govern.

Question 88

Question 88 What practical political issue may delay legal reform for a Welsh jurisdiction?

Answer 88

The legislative burden of Brexit & post-Brexit trade negotiations.

Question 89

Question 89 What is the role of the JAC?

Answer 89

Oversees selection for senior judges, ensuring merit-based appointments.

Question 90

Question 90 What qualifications must candidates meet?

Answer 90

* Held a high judicial office or * Been a qualified lawyer for at least 15 years

Question 91

Question 91 How are candidates chosen for the Suoreme Cour?

Answer 91

* Selection panel reviews applications. * Includes senior judges & legal experts. * Conducts interviews before recommending appointments.

Question 92

Question 92 How does the Prime Minister participate in judge selection?

Answer 92

* Formally recommends selected candidate to the King. * King then officially appoints them

Question 93

Question 93 How does the 2005 Constitutional Reform Act impact judicial independence?

Answer 93

* Established the Supreme Court. * Separated judicial power from Parliament. * Ensured courts operate independently from political influence

Question 94

Question 94 What types of cases does the Supreme Court hear?

Answer 94

* Constitutional issues. * Legal disputes over government powers. * Human rights cases.

Question 95

Question 95 Where do most Supreme Court cases originate?

Answer 95

* Court of Appeal – Civil or Criminal Division. * Directly from the High Court via the ‘leapfrog’ procedure (skipping Court of Appeal).

Question 96

Question 96 How do applicants seek permission to appeal to the Supreme Court?

Answer 96

* Must request permission from the original court - Court of Appeal or High Court. * Alternatively, they can apply directly to the Supreme Court for permission.

Question 97

Question 98 What is required for a case to be appealed to the Supreme Court?

Answer 97

* Applicants must obtain permission to appeal. * Permission can be granted by either the original court - Court of Appeal or High Court - or directly by the Supreme Court.

Question 98

Question 98 What must applicants submit to appeal to the Supreme Court?

Answer 98

* A formal application. * Includes a statement outlining the case. * Must contain legal arguments supporting the appeal. * Filed with the Supreme Court registry for review.

Question 99

Question 99 How does the Supreme Court decide whether to grant an appeal?

Answer 99

* A panel of three Justices reviews the application. * Decision is based on the legal significance of the case. * Only cases with substantial legal importance are granted permission to proceed.

Question 100

Question 100 What happens if the Supreme Court grants an appeal?

Answer 100

* Case is heard by a panel of 5 to 7 Justices. * Proceedings take place in a public hearing. * Final decision is legally binding—no further appeal possible.