5. Relations between Institutions Flashcards
(38 cards)
What is the 2005 Constitutional Reform Act?
An act of reform passed which recognised the importance of a separation of powers
What did the 2005 Constitutional Reform Act do?
Creation of the Supreme Court
Reformed the role of the Lord Chancellor
Changed method of appointment for judges
What is the separation of powers?
Legislature
Executive
Judiciary
What is a fusion of powers?
There is overlap between the three branches of government in which members of the executive are also in the legislature
When was the Supreme Court introduced?
2009
Why was the SC introduced?
End the fusion of powers at the highest level of the judiciary
What actually is the SC?
The Supreme Court is the highest level of appeal.
Hears cases of appeal and cases which are a matter of public and constitutional importance
Why was the SC created?
Bring about greater transparency in the court systems
How did the Lord Chancellor’s role change?
The role originally combined three functions which were: Cabinet minister, Chairman of the HOL and the Head of the Judiciary.
Now the LC is a Cabinet Minister and the JAC selects judges.
How are judges to the Supreme Court appointed?
12 members
Previously appointed by the monarch on advice of the PM and LC in secret soundings.
Now, they must have held a high judicial office for at least two years or been a qualifying practitioner for 15. Appointed by the JAC
What is the composition of the Courts?
3261 Judges in the UK 879 female 2813 are white 1534 60+ year olds Male dominant and white from Oxbridge University
Composition of the Supreme Court
2018 April
12 Justices 10 independent secondary school 10 Oxbridge 2 females 69 as average age
Role (s) of the Supreme Court
Dispensing Justice Interpretation Creating Case Law Declaring Common Law Judicial Review Public Inquiries Sentencing Issues External Jurisdiction
What is judicial review?
The process by which judges review the actions of public officials or bodies in order to determine whether they have acted in a manner which is lawful
What is the Rule of Law?
A.V Dicey
No one can be punished without a trial
No one is above the law and all subject to the same justice
General principles of the constitution result from the judges’ decision rather than parliamentary statute
What is Judicial Independence?
Rule of Law demands that judges should operate with a high level of independence:
independent from other branches of government
Why is an independent judicial branch needed?
If they are not, there is a danger that government will exceed its own powers without any legal punishment
Citizens need to feel that cases will be dealt with justly
Should not be influenced by short-term changes in public opinion
How is Judicial Independence maintained?
9
Separation of Powers Security of Tenure Salary Freedom from criticism Independent Legal Profession Judicial Criticism of the government Judicial Appointments Right of Appeal Judicial Review
How is Judicial Independence threatened?
PM role in appointments Political Dialogue Justice Ministry Cross over of elites Inevitable overlap Prime Minister and politicians threaten constitutional independence
What is judicial neutrality?
Requires judges to be free from political bias or any other bias due to the Rule of Law stating everyone should be treat the same
How is judicial neutrality maintained?
Judges are relatively anonymous Restricted from being too political Private in their opinions Highly trained Refuse to sit a case involving people they know
What is the Griffith Theory?
John Griffith 1997
Social background of judges would influence the decision they made
Authoritarian nature of government
White and male stereotype
What does ‘ultra vires’ mean?
‘Beyond the powers’
Used in interpreting the 1998 HRA act
Declarations of Incompatibilities
Declare legislation incompatible with the 1998 HRA in judicial review but cannot strike it down due to the doctrine of parliamentary sovereignty
