The Judiciary

Question 1

whats the supreme court?

Answer 1

• highest court in the land
• hears appeals from senior courts in E, S, W and NI

Question 2

what are the 5 main functions of the judiciary?

Answer 2

• make the law
• apply the law
• interpret the law
• review the application of the law
• conduct public inquiries into areas of public concern

Question 3

translate ‘stare decisis’

Answer 3

• to stand by decided matters

Question 4

whats judicial review?

Answer 4

• when judges review the lawfulness of decisions or actions to ensure that the executive is using its powers as parliament intended
• ensure nobody acts ultra vires

Question 5

give evidence of judicial review

Answer 5

• 2010 HM Treasury v Ahmed and Others
• as a counterterrorism measure, the government began to freeze the bank accounts of individuals it suspected of terrorism
• the sc ruled it unlawful
• this is because there was no statute that expressly granted this power
• the gov therefore acted ultra vires

Question 6

what did the hra do?

Answer 6

• brought the rights contained in the ECHR into uk law
• meaning they could be upheld in uk courts

Question 7

give evidence for the hra

Answer 7

• 2004 ghaidan v godin-mendoza
• when gm partner of 30yrs died, the landlord claimed he couldnt inherit his tenancy as they werent married or hetero
• judges read the Rent Act to mean ‘as if they were his or her husband’ to include homosexuals

Question 8

whats a weakness of declerations of incompatability?

Answer 8

• due to parliamentary sovereignty, its up to parliament on whether or not to address the incompatability
• doesnt strike down the law

Question 9

whats judicial independence?

Answer 9

• judges are independent of the exectutive and the legislature
• shouldnt fear negative repercussions

Question 10

explain the judicial appointments process (4 stages)

Answer 10

1. vacancy advertised
2. jac interviews
3. jac consults with lord chief justice
4. final candidate sent to lord chancellor: accept, request reconsideration, reject

Question 11

what does sub judice mean?

Answer 11

• under judgement
• keeps the judiciary free from interference from the executive and legislative branches

Question 12

in what ways is judicial independence upheld?

Answer 12

• salaries paid out of a consolidated fund
• sub judice
• appointed on merit

Question 13

whats judicial impartiality?

Answer 13

• the judiciary is free from political interference

Question 14

what 2 factors encourage judicial neutrality?

Answer 14

• legal training
• political restrictions

Question 15

what are 2 new powers gained by judges?

Answer 15

• declarations of incompatability
• disapply acts of parliament that conflict with eu law