The Judiciary

Question 1

What is the judiciary ?

Answer 1

The general collective of judges.

Every single judge from the magistrate court all the way to the UK Supreme Court.

Question 2

Functions of the judiciary

Answer 2

• Uphold the rule of law - everyone has access to fair trial & equal under the law
• Interpret the law

Question 3

Judicial independence

Answer 3

Judges should be free from any political influence so they a re able to apply law effectively.
Maintained via independent appointment process and tenure

Question 4

What protects the independence of judiciary

Answer 4

• Separation of powers - CRA 2005 ( JAC & guildhall)
• Judges are appointed on merit rather than elected
• Tenure - can only be removed for serious misconduct

Question 5

Who’s govt established the SC ?

Answer 5

• Tony Blair - to end the fusion of powers at the highest level of the UK judiciary

Question 6

How was the SC created ?

Answer 6

Established by the CRA 2005 but didn’t begin till 2009, moved out of Parliament to Guildhall - removed the law Lords

Question 7

How did the CRA remove roles of the Lord Chancellor

Answer 7

• Removed as head to judiciary appointments
• Removed legislative role as chairman in HoL

Question 8

Example of judge getting removed for misconduct

Answer 8

In 1983, Judge Bruce Campbell was removed from office after he was fined £2000 for brining cases of whisky and 9,000 cigs into the country on his private yacht, evading import duties.

Question 9

Separation of powers

Answer 9

The judiciary is separate, from parliament and the govt and don’t get involved in political debate.
Crucial to judicial independence and upholding the rule of law

Question 10

Judicial impartiality

Answer 10

Judges should have no political leanings when it comes to making their judgements and are not swayed by personal opinion or public pressure

Question 11

Ultra vires

Answer 11

Everyone is subject to the law, including the govt.
If govt or public bodies are deemed by courts to have exceeded their powers, their actions are declared ultra vires

Question 12

Judicial review

Answer 12

Judges review the lawfulness or actions to ensure the executive is using its discretionary powers as parliament intended

Question 13

Lack of diversity amongst judges

Answer 13

• Under-representation of women (2 out of 12 in SC) (25% in court of appeal)
• Lack of black,Asian,ethnic groups judges
• Domination of public schools and oxbridge background. 11/12 SC studied at oxbridge

Question 14

Constitutional Reform act 2005

Answer 14

• Physically separated the legislative & judicial branched by removing the Law lords from HoL and establishing new SC
• Reduced the powers of the Lord Chancellor form appointments as imposed judicial independence
• Placed the judicial appointments to the JAC in order to increase the separation of powers
• Provided the creation of the SC in which 12 justices would sit

Question 15

Is the SC too powerful - YES

Answer 15

• Judges are unelected and cannot be removed easily
• the HRA 1998 means judges get involved in political influence and often crash w politics undermining parliamentary sovereignty
• judges make decisions that can have huge impact, including over life and death (assisted dying bill)
• judicial review, judges can force govt to change policies

Question 16

Why is judicial review limited in the UK

Answer 16

Because parliament is sovereign and we have an uncodified constitution. As Parliament is able to make and unmake laws and no one has the legal right to override Parliament

Question 17

Why can’t the UK SC review Acts of Parliament

Answer 17

because all Acts of parliament are constitutional

Question 18

What reforms has strengthened judicial review

Answer 18

• European Communities Act 1972 - EU laws has direct effect on the UK so didn’t need prior approval of Parliament & EU law was supreme
• HRA 1998 - brought rights contained in ECHR into UK law - upheld in the UK courts

Question 19

What is a ‘declaration of incompatibility’

Answer 19

Any act incompatible with the laws/ human rights.
This doesn’t strike down the law as due to parliamentary sovereignty, it’s upon to Parliament to decide whether or not to address the incompatibility

Question 20

The judiciary appointment process

Answer 20

• judges are based on merit and experiences
  Politicians have NO SAY
• 2006, All judges below the SC have been appointed by the JAC, before then the lord chancellor had a role in the process

Question 21

How is the SC appointed

Answer 21

• SC selection commission (president & deputy of the SC, JAC in wales, Scotland , NI)
• Once approved the lord chancellor recommends to the PM who makes a recommendation to the queen

Lord chancellor can reject but MUST a give a valid reason.

Question 22

Does a lack of diversity matter - YES

Answer 22

• They do not reflect modern British society
• Hard for judges to understand cultural context of some cases
  -Reduces public trust in judiciary and leads to biased

Question 23

Does lack of diversity matter - NO

Answer 23

Judges are t

Question 24

How is the SC unrepresentative

Answer 24

• 11/12 are male
• 12/12 are white
• 11/12 - oxbridge and private school
• 12/12 over 60

Question 25

How are SC justices chosen

Answer 25

- Nominated by independent appointments commission ( president of SC, member of JAC , member of equivalent bodies in Scotland & NI) - The Lord Chancellor then confirms confirms or rejects the judge (can only reject 3 times) - Appointment is then confirmed by the monarch

Question 26

What is judicial neutrality ?

Answer 26

The idea that judges will exercise their functions without being influenced by their own personal bias or political opinions

Question 27

How is judicial neutrality safeguarded in the SC ?

Answer 27

- Judges are normally anonymous - Judges have to base decisions in law & justify why - Legal training - aware of what to / no to do - Political restrictions - can’t endorse in parties

Question 28

What does judges can’t be a ‘judge in their own cause’ mean?

Answer 28

Judges shouldn’t preside over cases they have a personal interest in - to ensure they aren’t biased and are meant to exclude themselves if they think thye might be biased

Question 29

Judicial independence

Answer 29

The idea that judges must be free from political interference - particularly from govt

Question 30

How is judicial independence safeguarded in the SC

Answer 30

- security of tenure - pay - appointments - physical separation from Parliament