4 - Judiciary Flashcards
(17 cards)
What did the judiciary used to be comprised of?
Law Lords
What did the Constitutional Reform Act 2005 do?
- Est. UK Supreme Court (12 justices)
- Removed Law Lords
- Separated judiciary from Parliament
- Est. JAC
How is judicial independence maintained?
1) Guaranteed Salaries - Paid automatically from Consolidated Fund
2) Security of Tenure - Open-ended unless impeached
3) Independent Appointments - JAC creates shortlist of candidates - PM + Lord Chancellor choose
How is judicial impartiality upheld?
1) High level training - Law Society regulates
2) Legal Justifications for decisions - posted on Court website
3) Anonymity - not widespread knowledge
Key Judiciary Prinicples?
1) Independence + Impartiality
2) Separation of powers
3) Ultra Vires
4) Judicial Review
Is the judiciary becoming too powerful?
1) Unelected and can’t be removed easily (need agreement in both houses)
2) Increased political inclusion (HRA 1998)
3) Use of judicial reviews (e.g. Ruled that a vote needed to be held over Article 50)
How is the judiciary not becoming too powerful?
1) Parliament can choose to repeal HRA 1998
2) Provide necessary check on govt power
3) Need for independence to be impartial & fair
Qualifications for appointment to Supreme Court?
- Held high judicial office for 2 years
- Qualified practitioner for 15 years
Functions of the UKSC?
1) Final court of appeals
2) Hear appeals from Scotland civil cases
3) Hear appeals to clarify meaning of the law
How has the judiciary impacted the executive and Parliament since 1997?
1) Judicial Review (e.g. Miller 2 against BJ prorogation)
2) Brexit (e.g. Miller v Sec of State for Exiting EU 2017 - Article 50)
3) HRA 1998 (EU law primacy - ECHR)
4) UKSC
How might the judiciary not be as impactful upon the executive & Parliament?
1) Parliamentary sovereignty (HRA 1998)
2) Lack of binding judicial review
3) Executive pushback (e.g. Judicial Review and Courts Act 2022)
How is judicial impartiality threatened?
1) Narrow recruiting pool - Lack of JAC action
2) Increasingly political - HRA 1998
Does diversity in the judiciary matter?
YES:
1) Do not reflect society
2) Hard to understand cultural context
3) Reduced public trust
NO:
1) Based upon merit
2) Apply the law neutrally
3) Public would rather value expertise
Statistics on judiciary diversity?
- 20% women
- No BAME in UKSC
- 11/12 Justices from Oxbridge
How has the judiciary become increasingly politicised?
1) HRA 1998
2) EU Law primacy (e.g. Factortame 1990)
3) Creation of the Supreme Court - higher media profile - Middlesex Guildhall
How has the judiciary not become increasingly politicised?
1) Creation of JAC and independent process
2) Separation of powers
3) Independent tenures & guaranteed salaries
Examples of ultra vires?
1) Reilly v Sec for Work & Pensions 2016 - “work for welfare”
2) BJ prorogation of Parliament 2019
