Judicial System

Question 1

What are the three highest courts in the UK, from top to bottom

Answer 1

Supreme Court
Court of Appeal
High Court

Question 2

Two European Courts

Answer 2

European Court of Justice

European Court of Human Rights

Question 3

How do Judges make law? [3]

Answer 3

Declaring Common law
Interpreting Statute law
Developing case law

Question 4

What is the effect of senior judges interpreting statute law

Answer 4

Interpretation binding on all lower courts

Question 5

What cases have judicial importance? [5]

Answer 5

Enforce the ECHR
Interpret Human Rights legislation
Ensure sections of society are discriminated against
Prevent the government exceeding its power
Enforce the rule of law

Question 6

How does Judicial Independence work [5]

Answer 6

Judges can’t be dismissed for rulings
Salaries of judges are guaranteed
When a case in underway, no one can discuss it
All judges appointed by independent JAC
Senior judges can’t engage in active politics

Question 7

Why is Judicial Independence important when interpreting statute law?

Answer 7

So the government can’t manipulate the outcome

Question 8

Why should the judiciary not be influenced by any body?

Answer 8

In case it is required to dispense justice involving that body

Question 9

How does Judicial neutrality work? [3]

Answer 9

Judges mustn’t be politically active
Judges should show no favour to a section of society
Judges should make decisions based on law rather than personal opinion

Question 10

Why is judicial neutrality important? [3]

Answer 10

Ensures judges treat all sections of society equally
Prevents political bias in rulings
Gives confidence to citizens that they’ll be treated fairly

Question 11

What instigates judicial review?

Answer 11

A request by an individual to challenge a decision or policy adopted by a policy body

Question 12

What rulings can the court come to during judicial review? [4]

Answer 12

Offend ECHR
Offends Common Law
Ultra Vires - body didn’t have power to make such a decision
Correct administration wasn’t followed

Question 13

What was the Belmarsh case of 2004?

Answer 13

Court ruled suspected terrorists couldn’t be detained without trial due to the ECHR

Question 14

What was the suspected terrorists ban assets case in 2010

Answer 14

Court ruled the government didn’t have the right to freeze suspected terrorists assets. Ultra Vires case

Question 15

Why is judicial review important? [5]

Answer 15

Preserves rule of law
Enforces ECHR
Protects sections of society from discrimination
Makes public bodies accountable
Prevents government abusing their powers

Question 16

How can the judiciary control government power by upholding civil liberties?

Answer 16

Ensures citizens rights aren’t abused by government

Question 17

By upholding rule of law, how can the judiciary control government power?

Answer 17

Ensures all are treated equally by government

Question 18

Strengths of judicial power over government [3]

Answer 18

HRA give judges power to prevent government from exercising excessive power that threaten people’s rights
Independence of judiciary has allowed it to be more active
Judges retain powers over sentencing criminals

Question 19

Weaknesses of judicial control over government [3]

Answer 19

Absence of codified constitution makes it hard to judge when the government has used excessive power
Government can claim Judges have no control over the, due to being unelected and unaccountable
Parliamentary sovereignty means a government can grant powers to itself that are beyond control of the judiciary

Question 20

Judicial power in practise [2]

Answer 20

Child poverty action v Department for work and pensions
- ultra vires case made an important ruling that the department didn’t have the legal power to force people to return overpayments of welfare benefits when the department is at fault

HM Treasury v Mohammed Ahmed
- court ruled that the government didn’t have the power to freeze the financial assets of suspected terrorists

Question 21

What are civil liberties?

Answer 21

The freedoms and rights that all citizens have which are guaranteed by law. Most are today contained in the ECHR, brought into British law by the HRA of 1998

Question 22

What did the Human Rights Act state? [5]

Answer 22

All government bodies must abide by its terms
The only body not bound by the convention is Parliament, so parliamentary sovereignty is maintained
If legislation contradicts the HRA, a declaration of incompatibility should by made by the relevant minister
After appealing to the Supreme Court, it can go further to the ECHR
Judgements of the European court are binding in most states, but not the UK. Normally still accepted

Question 23

Examples of rights noted in the ECHR [5]

Answer 23

Right to life
Right to privacy and family life
Right to freedom of expression
Right to be free from discrimination
Right to a fair trial

Question 24

ECHR case 2006

Answer 24

Afghan Hijackers
- court ruled that afghan hijackers that landed in to the Uk could claim asylum on the grounds that their lives would be in danger if they were deported

Question 25

How do courts uphold civil liberties? [5]

Answer 25

``` Refer to the ECHR Declare that common law has been breached Refer to a parliamentary statute Refer to similar EU legislation Carry out a judicial review upon request ```

Question 26

How well can courts uphold civil liberties? [4/3]

Answer 26

Refer to codified set of rights in ECHR Lots of legislation passed since 1960s on asserting civil liberties, particularly with preventing discrimination Judiciary become more active as it's become independent Growth of judicial review Courts can't be proactive, must wait for a request ECHR not binding on parliament so judges are powerless Judges can't prevent Parliament passing legislation to prevent them from asserting rights again in the future

Question 27

What is the European Court of Human Rights?

Answer 27

Court that sits in Strasbourg and hears appeals from citizens in Europe. Decisions based on the ECHR. Court not part of the EU

Question 28

What is the European Court of Justice?

Answer 28

Highest court of appeal in the EU that sits in Luxembourg

Question 29

Roles of the ECJ [5]

Answer 29

Settles legal disputes between EU member states Settles disputes between the European Commission and the member state Interprets the meaning of EU law and how it applies Hears appeals from individuals who feel their economic or social rights have been violated in their country ECJ rulings are binding on all member states including the UK

Question 30

Example of an ECHR case

Answer 30

2008 DNA Retention case - court ruled that it was a violation of right to privacy to retain DNA profiles of innocent people. Government had to delete many DNA profiles

Question 31

2 ECJ cases

Answer 31

1991 Factortame Case - court ruled that UK law couldn't conflict with EU law. Was based on fishing, passed much sovereignty to the EU 2009 Retirement Age - court ruled in UKs favour to introduce a compulsory retirement age of 65

Question 32

Key points of the Constitutional Reform Act of 2005 [5]

Answer 32

Lord Chancellor, head of the legal system, lost most of his roles Lord Chief Justice made head of the legal system New Secretary of State for Justice introduced. Still forbidden rom interfering with court decisions Supreme Court set up to replace Judicial Committee in HoL Appointments to Judiciary done by JAC. Free from political independence, though PM has veto for controversial candidates

Question 33

Main effects of constitutional judicial reform [4]

Answer 33

Judiciary now more independent Independence allows judges to be more confident in excercising powers Increased judicial activism and willingness to challenge government authority over civil liberties Judiciary increasing brought into conflict with government ministers

Question 34

2 examples of judiciary-government conflict

Answer 34

Judges assert their right to make decisions of sentencing while governments believe they should as they are elected and accountable Judges are active in protecting civil liberties and this sometimes conflicts with the governments need to maintain national security

Question 35

What is statute law?

Answer 35

Laws passed by parliament where they aren't clear

Question 36

What is common law?

Answer 36

Law unwritten that is commonly believed and enforced. Court rulings are binding on all lower courts

Question 37

What's case law?

Answer 37

An interpretation of a law in certain situations. High decisions are binding on all lower courts

Question 38

What decision did the court reach on the Mental Health Act 2002

Answer 38

UK law that persons detained for mental health reasons had to prove their fitness offended the ECHR. Instead, authorities have to prove that they aren't fit

Question 39

Give an example of an ultra vires case in 2016

Answer 39

Gina Millar challenged the idea that the government could withdraw from the EU without parliamentary approval - won

Question 40

ECHR case 2011

Answer 40

Insurance Discrimination case | - ruled that insurance companies couldn't discriminate against men by charging them higher insurance premiums than women

Question 41

What was the Abu Qatada case?

Answer 41

ECHR blocked deportation of the Jordan cleric due to fears that evidence obtained under torture would be used against him at home. May made a deal with Jordan that gave him right to a fair trial, that led to his deportation in July 2013