The Judiciary Flashcards
(20 cards)
What is the primary role of the judiciary in the UK constitution?
A. To draft new laws
B. To represent public interests in Parliament
C. To interpret and apply the law
D. To oversee party-political appointments
C. To interpret and apply the law
Explanation: The judiciary ensures legal disputes are resolved fairly and the law is properly applied. It does not legislate or engage in political representation.
Which Act established the UK Supreme Court and reformed judicial roles?
A. Human Rights Act 1998
B. Constitutional Reform Act 2005
C. Courts Act 1971
D. Justice Reform Act 2010
B. Constitutional Reform Act 2005
Explanation: The CRA 2005 created the Supreme Court, removed judicial functions from the House of Lords, and redefined the Lord Chancellor’s role.
Which of the following is a key element of judicial independence?
A. Party affiliation of judges
B. Judicial immunity from all forms of scrutiny
C. Guaranteed salary and tenure
D. Ability to veto parliamentary bills
C. Guaranteed salary and tenure
Explanation: These safeguards ensure judges are free from political or financial pressure, supporting independence and impartiality.
What is the highest court in the United Kingdom?
A. Privy Council
B. Crown Court
C. UK Supreme Court
D. Court of Appeal
C. UK Supreme Court
Explanation: Established by the CRA 2005, the Supreme Court replaced the Appellate Committee of the House of Lords as the final court of appeal.
Who heads the judiciary of England and Wales?
A. Lord Speaker
B. President of the Supreme Court
C. Lord Chancellor
D. Lord Chief Justice
D. Lord Chief Justice
Explanation: The Lord Chief Justice is the judicial head, while the President of the Supreme Court leads only that court.
A judge refuses to rule in favour of the government despite political pressure. Which principle is being demonstrated?
A. Parliamentary supremacy
B. Separation of powers
C. Judicial activism
D. Ministerial accountability
B. Separation of powers
Explanation: The judiciary operates independently of the executive and legislature, even when politically inconvenient.
A claimant challenges a government decision, and the court finds it unlawful. What is this an example of?
A. Legislative supremacy
B. Judicial deference
C. Judicial review
D. Common law immunity
C. Judicial review
Explanation: This is a core public law function — ensuring that executive decisions comply with legal and constitutional standards.
A child is injured by a council’s failure to maintain a public playground. The judge uses precedent and applies statutory interpretation. Which role of the judiciary does this show?
A. Fact-finding
B. Law-making
C. Policy creation
D. Dispute resolution
D. Dispute resolution
Explanation: The judge’s role is to resolve disputes, applying established legal principles — not to make new policy.
A High Court judge rules against a government minister and is publicly criticised by the Prime Minister. What principle may be undermined?
A. Equality before the law
B. Judicial discretion
C. Judicial independence
D. Ministerial privilege
C. Judicial independence
Explanation: Public criticism from the executive can undermine the perception of impartial and independent adjudication.
A senior judge retires at age 70 despite good health. Why?
A. All judges must retire at 65
B. Judicial terms are limited to 10 years
C. UK law sets a mandatory retirement age
D. Judges cannot serve beyond parliamentary terms
C. UK law sets a mandatory retirement age
Explanation: Judges are subject to retirement age rules to ensure judicial renewal — currently 70 (extendable in limited circumstances).
Parliament passes a law requiring all judges to consult with ministers before giving judgments. Why would this be unconstitutional?
A. It violates human rights
B. It infringes judicial independence
C. It limits judicial salaries
D. It breaches international treaties
B. It infringes judicial independence
Explanation: Judges must be free from executive direction to preserve the rule of law and impartiality.
A judge hears a case involving a close friend but refuses to recuse themselves. What principle is violated?
A. Separation of powers
B. Natural justice
C. Judicial review
D. Parliamentary accountability
B. Natural justice
Explanation: Justice must not only be done but be seen to be done — apparent bias breaches fairness.
The Supreme Court finds a statute incompatible with human rights. What can it issue?
A. Writ of mandamus
B. Injunction
C. Declaration of incompatibility
D. Annulment of statute
C. Declaration of incompatibility
Explanation: Under s.4 Human Rights Act 1998, courts can declare incompatibility — but cannot strike down primary legislation.
A judge uses the purposive approach to interpret ambiguous legislation. What is this an example of?
A. Delegated legislation
B. Parliamentary override
C. Judicial reasoning
D. Judicial misconduct
C. Judicial reasoning
Explanation: Judges use various interpretive techniques to resolve statutory uncertainty while respecting Parliament’s intent.
A magistrate decides a case without listening to the defendant. What core judicial duty has been breached?
A. Impartiality
B. Judicial activism
C. Stare decisis
D. Procedural fairness
D. Procedural fairness
Explanation: The right to be heard is fundamental — denying this undermines fair trial rights and open justice.
Why can judges not be dismissed at will by the government?
A. To ensure separation from political bias
B. Because they are appointed for life
C. Because they are unpaid volunteers
D. Because Parliament approves their rulings
A. To ensure separation from political bias
Explanation: Security of tenure prevents executive interference, upholding judicial independence.
A judge’s ruling follows a precedent they believe is outdated. What can they do?
A. Overrule the precedent regardless
B. Apply it but invite the higher court to review
C. Apply foreign law instead
D. Ignore it and make a new rule
B. Apply it but invite the higher court to review
Explanation: Lower courts must follow binding precedent; only higher courts can overrule or reconsider the doctrine.
What distinguishes judges from elected officials in democratic theory?
A. Their immunity from liability
B. Their adherence to the separation of powers
C. Their use of public funds
D. Their legislative role
B. Their adherence to the separation of powers
Explanation: Judges are unelected to ensure neutrality and independence, unlike political officials who are directly accountable.
Who appoints judges in England and Wales post-CRA 2005?
A. The Cabinet
B. The Lord Chancellor
C. The Judicial Appointments Commission
D. The House of Commons
C. The Judicial Appointments Commission
Explanation: This body ensures merit-based, independent selection of judges, safeguarding impartiality.
The Supreme Court overturns a previous decision made by the House of Lords. What principle allows this?
A. Sovereign immunity
B. Horizontal precedent
C. Judicial activism
D. Flexibility in the doctrine of precedent
D. Flexibility in the doctrine of precedent
Explanation: The Supreme Court can depart from its own decisions where it is right to do so, as confirmed in the Practice Statement 1966.
