PUBLIC LAW L4 - Separations of Power - SOP THE JUDICIARY Flashcards
How long has the judiciary been independent from the government? (1)
Since the Act of Settlement 1701.
Why is the judiciary’s independence important? (1)
In order to be insulated from political influence.
Describe the relationship between the judiciary and executive in terms of SOP. (2)
The overlap is much more limited than the executive and legislature. However, some aspects of the judicial role have been exercised by the executive, most notably the Home Secretary.
How was the judiciary’s independence strengthened by the CRA 2005? (1)
It ended the House of Lords being the highest court in the UK, a clear overlap of separations of powers, and introduced the Supreme Court.
What did section 6 of the CRA do? (2)
It set up an independent Judicial Appointments Commission to improve the quality of administration of justice and enhance public confidence in the judiciary. It replaced the appointment of judges by the Lord Chancellor, a member of the executive and the legislature.
How is independence of the Judicial Appointments Commission ensured? (3)
It is ensured by the 15 commissioners, comprising of a mix of professional, lay and judicial members. Appointments are to be based on merit and good character.
What is the constitutional place of the judiciary fundamental to? (1)
The rule of law.
What is judicial independence protected by? (3)
Independent recruitment, pay and rules on political involvement.
What did the Act of Settlement 1701 do? (1)
It provided judicial security of tenure, meaning they could not be dismissed by the executive under political motivations.
Where does it state that judges may only be dismissed by the monarch following an address presented by both Houses of Parliament? (2)
The Senior Courts Acts 1981 - judges in crown court, high court and court of appeal.
CRA - justices of supreme court
What is independence for magistrates, coroners and tribunal members protected by? (1)
Convention rather than law.
When are the judiciary immune / liable to legal proceedings? (2)
Judges are immune from those that would otherwise be tortious e.g. defamation but not immune from commenting on media.
Magistrates immunity is less of that of other judicial office holders e.g. may be liable for acts outside of their jurisdiction - imposing a sentence they do not have powers to do so -if it is proved they acted in bad faith.
What check can the judiciary exercise on the executive and what is its purpose? (3)
Judicial review. Its purpose is to prevent abuse of power by the executive and to uphold individual rights, it examines the legality of a situation and not its merits, which are a matter for the executive.
What do judges not have the power to scrutinise? (3)
Proceedings in Parliament or to review acts of parliaments unless the ac is inconsistent with EU law or if the act is incompatible with European convention on human rights.
How can secondary legislation be challenged? (1)
Through judicial review.
