Discuss Advantages Of Judicial Independence Flashcards
(14 cards)
What is a key first advantage of judicial independence?
Fair and impartial justice is delivered in all cases.
How do judges make decisions?
Judges make decisions based on the facts of the case, the relevant law, and the strength of the arguments presented.
What protects citizens against unlawful government acts?
Judicial review allows individuals to challenge decisions made by public bodies.
What was illustrated by the Brexit case involving Prime Minister Teresa May?
Judicial independence was demonstrated in R (Miller) v Secretary of State for Exiting the European Union.
What did the Supreme Court declare about Boris Johnson’s decision in September 2019?
The Supreme Court declared his decision to suspend Parliament unlawful.
Why do the public have confidence in the judicial system?
The public trusts that cases will be decided fairly and impartially due to judicial independence.
What is the significance of a transparent legal system?
A transparent legal system is essential for any democracy.
What was the Pinochet Case about?
It concerned human rights violations by a Chilean dictator and led to a re-trial due to a conflict of interest involving a judge.
What does judicial independence prevent?
No one person or body holds all the power in society.
What principle is judicial independence a part of?
Judicial independence is part of the doctrine of the separation of powers.
What are the three main sources of power in a democratic society?
The Legislature (Parliament), the Executive (government), and the Judiciary.
What is a disadvantage of judicial independence?
Judges have too much freedom and security of tenure makes it difficult to remove them for poor performance.
How can superior judges be removed?
They can only be removed by the monarch following a petition from both Houses of Parliament.
What does judicial immunity mean?
Judges cannot be sued or prosecuted for actions taken in connection with their judicial duties.
