The Judiciary Flashcards
What is the judiciary?
The judiciary is a system of courts that interprets and applies the law in the name of the state. Judges are members of the judiciary.
Describe the hierarchy of courts from highest to lowest
- Supreme Court
- Court of Appeal
- High Court
- Crown and County Courts
What is judicial independence?
The principle that those in the judiciary should be free from political control.
What is judicial neutrality ?
The principle that the judiciary should treat all who come before them impartially and equally.
What is judicial review?
The power of the judiciary to review laws, decrees and actions of other branches of government and public bodies.
What is judicial inquiry?
A formal investigation conducted into a matter of public concern.
Describe the old appointment system and the problems with it
-Appointed by the Monarchy under the advice of the Prime Minister, and the Lord Chancellor.
- lacked transparency because of the “secret soundings” method
- compromised the separation of powers
- Another issue was that most judges were male, upper middle class Oxbridge-educated and conservative.
What is the Constitutional Reform Act and what did it hope to achieve?
The Act was formed in 2005 and created the Supreme Court. It aimed to enhance separation of powers, and create more diversity in the courts.
What is criminal law?
crimes against the state by other agents. They often brought by the state and result in fine or imprisonment.
What is civil law?
interrelations between different agents. Civil cases include matters like wills or contracts. Cases are brought forward by individuals and result in compensation.
What are civil liberties?
Civil liberties are fundamental rights of citizens in a state, limited by laws established for the common good. Some laws in the UK are freedom of expression, of speech (to a degree), of association, of religion, the right to life, protest and to vote. Due to the uncodified nature of the UK constitution civil liberties of the UK are defined by those not prohibited in statute.
What are positive rights?
rights explicitly assigned to citizens.
What are negative rights?
rights that exist in the absence of any law forbidding their exercise.
What is “ultra vires”
Overstepping ones power
2011 how many successful review cases were there?
174
