The Judiciary Flashcards
(11 cards)
What is judicial review
Happens it ours- it judges the way a decision was made
It allows courts to check government actions
4000 cases in 2020 from 1980 having 500
Was restricted by judicial review and courts act (2022)
Key points of the judiciary
Uk doesn’t he a united legal system so differences between Scot, England etc
Uk Supreme Court= only judiciary with authority all parts of uk
Judicial idependence + evidence
Judges are free from gov interference
No sc judge has been removed for political reasons
Tenure
Judicial impartiality + evidence
Judges are impartial when making judgements
Miller vs Secretary of State for leaving eu = ruled with impartiality
Criticisms of the judiciary
Lack of diversity = 80% of sr judges from Oxbridge backgrounds
What does ultra vires mean + case evidence
The idea that everyone is subject to the law
Evans 2015 =ministers acted outside legal powers by blocking freedom of information
Composition of the uk Supreme Court
80% Oxbridge
17% women in 2021
No bame
Appointment of uksc
Lord chancellor must accept/reject nomination
Uksc info
Set up in 2009 after 2005 constitutional reform act
Must retire at 70
Under HRA 1998 duties can decide if actions by officials = against European convention of human rights
Key cases heard by Supreme Court
Miller vs Secretary of State for exiting eu - must get parliament approval to leave
Charlie Gard= didn’t let parents take ill baby abroad for medical treatment- baby died
The impact of judiciary on policy making
Check and balance of gov
On all bills it says whether the bill in ministers opinion is compatible with human rights or not
Prorogertion of parliament= Boris got uspeded for weeks but courts ruled against this