JUDICIARY V2

Question 1

what type of law does the judiciary produce

Answer 1

• common law

Question 2

what is the judiciary responsible for

Answer 2

• responsible for interpreting and administering the law as laid down by pariament (statute law)

Question 3

when was the supreme court established -

Answer 3

• supreme court was established in the cra 2005 which dissolved the law lords which sat in the h of l and established a new indepednet judicial body

Question 4

role of suprme court

Answer 4

• final court of appeal to hears cases that are of public signifcance eg 2025 landmark ruling on waht defines a women
• defending rights of citizens
• ability to use judicial review to determine whether the executive has overstepped their authortity

Question 5

role of supreme corut : defending rights and citizens c

Answer 5

• supreme court uses the rule of law to provide a wide range of prioections of citizens rights
  -eg hra 1998 ( right to life fiar trial)
• EU laws are protectd by the supreme court which are outlined by the ECHR

Question 6

must the court still take account of the echr

Answer 6

• yes even thoiuhg we have left the eu, the supreme court is still bound to take account of judgementds by the echr

Question 7

role of court: government decisions

Answer 7

• supreme court can rule against laws and declare them illegal (judicial review)
  -can also declare gov actions incompatibale with echr (EG deporitng to Rwanda)

Question 8

compisiton of the supreme court: how many judges are there

Answer 8

• 12 judges eg lord reed and sumption

Question 9

when must they retire

Answer 9

• dont have a term limit but has to resign at 70
  -seen as contreversial as lady hale had to retire at 70 when she was considered to be in her prime

Question 10

Supreme court principles: judicial independence

Answer 10

• ## indepedence means that the jucidiary must be independant from the other branches

Question 11

benefits of judicual independance

Answer 11

• as the judiciay is indepednat the judges are free from politcal puressure
  -meaning they can make impartial rulings without external pressures
  -EG having security of tenurej

Question 12

judicial principes: judiciaal neutrality

Answer 12

• meanes the judges themselves are politcally neutral and do not get involed in any form of party politics

Question 13

benefit of security of tenure

Answer 13

• prevents governments from punishing judegs based on their rulings

Question 14

how is the court not neutral

Answer 14

• the judges are not balaned and representative of society demographically
• majoriyt if male white and middle aged

Question 15

how is the court not independent

Answer 15

• lord chancellor who is a mmeber of the executive has the final say on appoitnents
• giving the gov influence over choosing judges who are likely going to suppoirt them

Question 16

how are supreme court judges selected post cra

Answer 16

• JAC judicial appointment committee makes recomentdations to the lord chanellor who has a limited power of veto
  -based on merrit and tries to encourage diversity

Question 17

issues with the cra appointmetns

Answer 17

• even though justices are appointed by the jac, intheory the pm has the final power of veto
• also the lord chancellor can reject names put forward

Question 18

represenation of supreme court: education

Answer 18

• 10 out of the 12 justices attendeed cambridge or oxford
• whereas only 7% of public goes to private schools

Question 19

represneation of s.c : age

Answer 19

• avergae age is 69

Question 20

represetation of sc : gender

Answer 20

• only 1 female out of 12

Question 21

represnetation of sc: ethnic

Answer 21

• no minorities in sc
  -only in lower levels eg county or appeal courts

Question 22

supreme court influence over parliament and exectuvie: judicail review

Answer 22

• sc influences executive and parliamet through judicial review

Question 23

whats the catch with judicialreview in uk

Answer 23

• the gov isnt forced to obey the courts rulings due to parliamentary soverietny

Question 24

ulta vires

Answer 24

• principle is that when someone acts beyond their powers
• sc can overturn legislation becuase of this principle
• EG 2016 chris grayling was ruled as acting ultra vires when he introduced residence test to the legal aid act 2012

Question 25

sc influcne of parliaent and excutive: opposing gov decisions

Answer 25

- sc can make rulings based on the hra which oppose gov decisions - can aslo make declarations of incomptability, declaring parlianet legislation as opposing the ecchr

Question 26

example of declaration of incompataibiltiy

Answer 26

-2018 court issued a declaration of incompatability on the civil partnership act, alloiwng gays to marry

Question 27

problems before the cra 2005: domianted by politicians

Answer 27

- lord chancellor and pm played a major rolein the appointment process

Question 28

problems before the cra 2005: secretive

Answer 28

- old selection process was sercretive lacking transparency - wasjt based on merit

Question 29

problems before the cra 2005: discriminatory

Answer 29

- process of secret soudnings lacked transpranecy and favoured discrimiantory and favourtism