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

Question 3

What has happened to the traditional dividing line between politics and law?

Answer 3

it has become blurred

Question 4

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

Answer 4

elected politicians

Question 5

What are the 5 functions that the judges perform

Answer 5

• 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 6

What is criminal law?

Answer 6

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 7

What is civil law?

Answer 7

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 8

Why is the role of courts expanding? (5)

Answer 8

• 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 9

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

Answer 9

as there is more legislation on which to adjudicate

Question 10

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

Answer 10

As this means there is more of a likelihood of conflict between branches and levels of government

Question 11

Who is the Lord Chief Justice?

Answer 11

Since the Constitutional Reform Act 2005 the Lord Chief Justice is the overall head of the judiciary

Question 12

What is the Ministry of Justice?

Answer 12

This is the department which has assumed responsibility for sentencing policy, probation, prisons and prevention of re-offending in England and Wales

Question 13

Who are the 2 main legal advisors of the government?

Answer 13

• the Attorney General

- the Solicitor General

Question 14

Where does trial by jury date back to?

Answer 14

The Norman Conquest 1066

Question 15

What is the jury seen as against oppression?

Answer 15

a bulwark

Question 16

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

Answer 16

Criminal Justice Act 2004

Question 17

What is judicial independence?

Answer 17

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 18

What are the 3 key changes regarding judicial independence?

Answer 18

• 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 19

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

Answer 19

India

Question 20

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

Answer 20

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

Question 21

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

Answer 21

They are not subject to parliamentary debate or criticism

Question 22

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

Answer 22

Lord Hailsham

Question 23

What ensures judicial independence in terms of salary?

Answer 23

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