UK judiciary and constitution

Question 1

Other sovereignties?

Answer 1

Judicial, Executive, Devolved

Question 2

What did the Constitutional Reform Act do?

Answer 2

Separated Law Lords into Supreme Court. Split Lord Chancellor into three jobs - Lord Speaker, Justice Secretary, Lord Chief Justice

Question 3

Who is Justice Secretary?

Answer 3

Alex Chalk KC

Question 4

Who is Chief Justice?

Answer 4

Baroness Carr

Question 5

Requirements for Supreme Court Justice?

Answer 5

Legal practitioner for 15 years, member of senior judiciary for 2 years, selected by committee

Question 6

Judicial Independence vs. Judicial Activism

Answer 6

Staying separate to Parliament vs. commenting on political schemes

Question 7

Is the judiciary independent YES?

Answer 7

Section 4 HRA, Changes to LC,

Question 8

Is the judiciary independent NO?

Answer 8

HRA gets political, LC doesn’t have to be a lawyer, less protection, Judicial Review and Courts Act reduces scope of judicial review

Question 9

How are Supreme justices protected?

Answer 9

life tenure, salary set independently, anonymity, sub judice rule, immune from legal action relating to judicial functions

Question 10

Judicial neutrality

Answer 10

Judges not allowed to be politically affiliated

Question 11

Neutral YES?

Answer 11

several judges on panel, transparent process thought process, can vote, but not publicly, must declare personal interest

Question 12

Neutral NO?

Answer 12

professional links to EU

Question 13

Three areas of judicial review?

Answer 13

Illegality (ultra vires), Irrationality, Procedural Impropriety

Question 14

Does judiciary defend civil rights and liberties? YES

Answer 14

don’t have to appeal to Strasbourg, can issue fine to authorities, separation of powers

Question 15

Does judiciary defend civil rights and liberties? NO

Answer 15

Parliamentary sovereignty, uncodified (Belmarsh), can’t be proactive person needs to have standing

Question 16

Are judge led enquiries beneficial? YES

Answer 16

controversial issues investigated out of political arena, independent, evidence-based

Question 17

Are judge led enquiries beneficial? NO

Answer 17

takes ages, expensive

Question 18

What did Judicial Review and Courts Act do?

Answer 18

Judges can choose to issue suspended quashing order so authority has time to amend itself.

Question 19

What is a quashing order?

Answer 19

Where judges can strike down secondary legislation.

Question 20

What happened to Cart Judicial Reviews?

Answer 20

Banned, cannot take cases higher than Upper Tribunal.

Question 21

Sources of constitution?

Answer 21

SCCREW - Statute, Common, Conventions, Royal prerogatives, External relations, Works of authority