The Judiciary Flashcards
(15 cards)
What are the courts that deal with criminal cases?
All criminal cases start in the Magistrates court, then more serious cases are dealt with by the Crown court (judge and jury sentencing). Then the criminal division of the Court of Appeal may move cases up the Supreme Court.
What are the courts that deal with civil cases?
The County court deals with civil cases, e.g landlord/tenant disputes. Then the High court deals with more complicated cases like adoption or large compensation claims. It is divided into three sections - Family, Chancery and Queen’s Bench. Then the civil division of the Court of Appeal sends appeals to the Supreme Court.
What is the European Court of Justice?
A court which hears cases in which EU laws may have been broken.
What does the European Court of Human Rights deal with?
Specifically deals with human rights cases.
What roles do judges have?
Judges have a variety of roles, for example presiding over court proceedings to ensure fair trials, interpreting and applying the law (explaining what the law means and what is lawful), enforcing common law (by using previous judgements on similar cases as a guide), deciding on length of sentences, and chairing public inquiries (investigations into events).
How are senior judges appointed?
Senior judges are appointed through the 15-member Judicial Appointments Commission (created in 2005 by the Constitutional Reform Act), an independent body, although the Lord Chancellor formally approves appointments.
When was the Supreme Court established and why?
Tony Blair established the Supreme Court in the 2005 Constitutional Reform Act and it was opened in 2009. The aim was to increase the independence of the judiciary from the government- previously, the highest court of appeal in the UK was the Law Lords, who were senior judges and also members of the House of Lords. Previously, judges were appointed by the Queen on the advice of the Lord Chancellor, which made those appointments appear subject to political influence. The CRA created the Judicial Appointments Commission. This independent commission proposes a candidate, and the Secretary of State for Justice (also the Lord Chancellor) can only say Yes or No.
What is the role of the Supreme Court?
It hears appeals on points of law and matters of legal and constitutional importance. It can make decisions relating to whether government institutions have acted within their powers, including devolved bodies, and can use judicial review to assess whether the government has acted in accordance with existing law. E.g In 2016-17, when Gina Miller, a businesswoman, argued that the Prime Minister did not have the right to trigger Article 50 (the formal notice of Britain’s exit from the EU) without the consultation of Parliament. The Court found in Miller’s favour, and Parliament voted to trigger Article 50 in 2017.
What is the make-up of the Supreme Court?
The Supreme Court is made up of 12 members. Cases are usually heard by 5-9 judges (depending on the importance of the case) and always an odd number so a majority verdict can be reached. The most senior judge is known as the President. Controversially, the majority of judges are white males, which has attracted criticism- in 2017 there was only one female judge on the court - Lady Hale.
What is Judicial neutrality and how does it work?
It refers to the absence of any form of partisanship or politically biased judgements in cases. It is impossible to be politically ‘neutral’- so judges must not let their own views and beliefs affect their professional behaviour. In the Supreme Court, judges cannot sit in cases involving an associate or family member, and must avoid open political activity. However, due to their narrow background (white, male, privately-educated) judges have been argued to have a conservative bias, and possibly a bias against women, ethnic minorities and poorer people.
What examples show Judicial independence in the Supreme Court?
Judges are chosen by an independent commission, and only ‘signed off’ by the Lord Chancellor. Once appointed, judges can’t be sacked unless they break the law, so they can’t be threatened with removal for making the ‘wrong’ decision. Judges’ pay is decided by an independent pay review body, without interference from ministers. The Supreme Court is physically separate from the other two branches and the gov held to the ‘Sub Judice Rule’ - which stops MPs or Lords from referring to a current or impending court case e.g the Home Secretary’s statement on the Rudakubana case in 2024 where 3 girls were killed.
What is Judicial review and how does it work?
This is the judiciary’s ability to review whether the actions of government are compatible with existing laws. If a court finds that a government action or law conflicts with the principles of the Human Rights Act, it issues a ‘declaration of incompatibility’. Following this, the government is expected to modify their action or legislation.The court may decide through judicial review that a government minister or institution has acted beyond the remit of their power- this is known as ‘ultra vires’.
What’s an example of Judicial review?
E.g In 2010 the court ruled that the government had not acted lawfully when insisting that convicted sex offenders should be registered with the police for life. This breached the offenders’ human rights, so instead they should be given the right to appeal against the registration after 15 years since leaving prison.
What are the reasons that show the Supreme Court is influential and can challenge the gov?
.The Supreme Court’s position as ‘final court of appeal’ means they only deal with the most significant matters.
.Declarations of incompatibility puts pressure on the government to act.
.The increasing degree of judicial activism reflects an increasing willingness to challenge government.
.The judiciary’s independence makes it hard for the government to control (for example, the appointments, pay and security of tenure).
.The introduction of the Human Rights Act makes it more possible for the court to uphold liberties and challenge government.
What are the reasons that show the Supreme Court is not influential and cannot challenge the gov?
.Judges are bound by the law passed by Parliament- they cannot make law themselves. The government could use Parliament to change law to suit its own needs/actions.
.A declaration of incompatibility cannot be used to strike down a law, just recommend that it be changed.
.The courts cannot be proactive- they must wait for cases to come to them.
.There have been concerns raised over the extent to which the judiciary is neutral and independent (e.g. the narrow social background, the fact that the Lord Chancellor still has some say in appointments).
.The Human Rights Act is not fully entrenched, so could be set aside by governments.
