Role of the senior judicary Flashcards
Role of SJ: Dispensing justice
+ No directly of political importance but all courts must ensure legal justice is delivered = implies all citizens should enjoy formal equality under the law.
+ Citizens enjoy formal equality = treated equally under the law; all trials and hearings are conducted in a way to ensure all parties have a fair hearing.
- However, decisions whether the rule of law was abused will be left to the higher courts - especially the Supreme Court.
Role of SJ: Use of judicial review
+ Occurs if individuals or groups feels misrepresented by a public body - results in compensation or reversal of the decisions.
+ Examines if claims are justified and for citizens to establish any wrongdoing.
- Typical example is when ministers/civil servants don’t deal equally with citizens, clear injustice or when a public body exceeded their power.
Examples of judicial review
+ Ridge v Baldwin
+ M v Home Office
- Extended use of judicial review - claimed the Govt hadn’t followed natural justice and acted above the law.
What two democratic principles is usage of judicial review critical to achieve?
+ Ensures no overstepping of power.
+ Assertion of citizen’s rights.
Why has use of judicial review increased?
+ Simplified process to call a JC.
+ Courts boosted by the Human Rights Act 1998 - also able to review actions by the govt and public bodies that contravened ECHR (stopped by Brexit).
+ Courts boosted by Freedom of Information Act 2005/2018 - able to see a range of official documents = more scope to discover injustice or abuse of rights.
Stats of judicial review
+ Peaked at 15, 000 applications in 2013 but most were refused - possibly undemocratic.
+ In 2014, there were 4,062 cases and 36% were successful, leading to a change in a public body.
Role of SJ: Interpretations of Law
+ The top 3 judiciary levels focus on the interpretation of unclear laws, even if drafters and committees attempt to make it easier to understand, some cases conflict on meaning.
+ Critical = it involves govt/agency powers and citizen’s rights.
+ Judge precedents become important - once interpreted, courts must follow the same meaning to allow formal equality. Only able to be overturned and changed by a higher-level court.
Role of SJ: Establishing case law
+ Interpretation of statute law made by Parliament is sometimes vague - unsure how an existing law applies to a particular case.
- Examples: prejudice and discrimination or actions that incite people to commit crime.
+ Because of this, any similar cases are dealt in the same way - concept of judicial precedent is applied (known as Case Law).
Role of SJ: Declaring Common Law
+ Makes law alongside Parliament - called Common Law (developed by tradition).
+ Relates to matters of inheritance, commercial practices and sometimes rights.
+ When there is issues in settling debates where there is no relevant statute law, judges must take evidence to decide what CL is (judge-made law or precdent applied).
Examples of declaring Common Law
Manslaughter, murder, assault, police misconduct, contracts, relates of non-married cohabiting couples.
Role of SJ: Holding public inquiries
+ Sometimes, judges are called upon to conduct public inquiries into matters of public concern.
+ In each case, the chair is a current or former judge.
Reasons:
- As experienced judges, they are used to handling such issues.
- Independent from the government - a politically neutral inquiry.
Examples of public inquiries: Macpherson Inquiry 1999
To examine the handling by the police of the case of the murder of black teenager Stephen Lawrence
Examples of Public Inquiries: Grenfell Tower Inquiry
To establish the facts of what happened at Grenfell Tower to prevent it happening again
Examples of public inquiries: Angiolini Inquiry 2021
To investigate how Wayne Couzens, an off-duty Metropolitan police officer, was able to abduct, rape and murder Sarah Everard.
