Unit 4: The Judiciary

Question 1

Name 5 courts below the Supreme Court in England and Wales

Answer 1

Court of Appeal
High Court of Justice
Crown Court
Magistrates' Courts
County Courts

Question 2

Name 3 roles of the SC

Answer 2

Highest court of appeal

Judicial review and ultra vires

Common law

Question 3

What did the Constitutional Reform Act of 2005 do?

Answer 3

Set up the UK Supreme Court and separated the legislative and the judiciary

Question 4

How does a case get to the Supreme Court?

Answer 4

Passes through other courts, concern a wider issue of importance

Question 5

What date was the Supreme Court introduced?

Answer 5

2009

Question 6

Why was the Supreme Court introduced?

Answer 6

Decided that those who create laws and apply them should be separate
Increased public access and transparency

Question 7

Who is underrepresented in the Supreme Court?

Answer 7

Females, BAME, lower-class

Question 8

Name 2 reasons why a lack of diversity in the judiciary does/doesn’t matter

Answer 8

DOES: don’t reflect society - trust/bias, cannot understand context

DOESN’T: chosen based on expertise, not there to empathise, diversity growing lower down

Question 9

How many justices are in the SC?

Answer 9

12

Question 10

What court was before the SC as the highest court?

Answer 10

Law Lords in the House of Lords

Question 11

Name 2 changes aside from introducing the SC that New Labour made

Answer 11

House of Lords Act 1999

Referendums Act 1997

Question 12

What Supreme Court case involved Boris Johnson?

Answer 12

2019: Prorogation of parliament (was declared unlawful)

Question 13

What are the 3 main strands of the rule of law according to AV Dicey?

Answer 13

No one can be punished without trial

No one is above the law

Principles of the constitution result from judges rather than Parliament

Question 14

Name the two ‘twin pillars’ of the British Constitution according to AV Dicey

Answer 14

Parliamentary sovereignty

Rule of law

Question 15

Name 3 reasons to suggest the rule of law is threatened in the UK

Answer 15

Fair trials not always maintained in practice (terrorists)

Mps, monarch and foreign ambassadors sometimes held above law e.g expenses scandal

Legal precedents can be overturned by statute law

Question 16

Define judicial independence

Answer 16

Principle that the judiciary should be free from political control

Question 17

Name 4 ways that judicial independence is maintained in the UK

Answer 17

Justices cannot be sacked by politicians (security of tenure)

Guaranteed salaries for justicies

Growing separation of powers

Independent appointment of justices (JAC)

Question 18

Name 3 reasons the UK judiciary HAS become more politicised in recent years

Answer 18

Courts can suspend Acts of Parliament if they contradict EU law

Supreme court creation means judges more publicised

Politicians have recently criticised senior judge rulings, breaking convention

Question 19

Name 3 reasons the UK judiciary HASN’T become more politicised in recent years

Answer 19

Appointments process more transparent

More independent through 2005 reform act

Insulated from pressure by protection (e.g security of tenure)

Question 20

Define judicial neutrality

Answer 20

When judges are impartial and unbiased in their jobs so trials are fair

Question 21

Name 3 ways judicial neutrality is achieved

Answer 21

Restriction on political involvement of judges

Intensive training and experience

Must justify judgement through laws - SC decisions on website

Question 22

Name 2 threats to judicial neutrality

Answer 22

Judges mainly come from undiverse background (white male old oxbridge)

Have recently become more politicised

Question 23

What requirement do you have to fill to be considered to be appointed to the SC? (2 ways)

Answer 23

High judicial office for 2 years

Qualifying practitioner for 15 years

Question 24

Name the 5 steps in appointment to the judiciary

Answer 24

1. Temporary five-member selection commission made
2. Report made by commission and sent to Lord Chancellor
3. Lord Chancellor either accepts, rejects, or asks commission to reconsider
4. If accepted, PM MUST recommend candidate to queen
5. Queen confirms appointment

Question 25

Define doctrine

Answer 25

Ideas and beliefs that shape actions in a political group

Question 26

Define principle

Answer 26

Foundation ideas and concepts that shape other ideas that lead on from them

Question 27

What is the responsibility of the ECHR (European court of human rights)

Answer 27

Protect human rights in Europe and trial important cases

Question 28

What year was the ECHR created?

Answer 28

1959

Question 29

Define substantive rights

Answer 29

Protect individual freedoms e.g education

Question 30

Define procedural rights

Answer 30

How the state should implement human rights laws and charge criminal violations e.g death penalty

Question 31

Define the Rule of Law

Answer 31

Fundamental doctrine of the British Constitution ensuring that every individual must obey to the law

Question 32

How were judges appointed before the JAC and why was this changed?

Answer 32

Secret soundings Changed to make process more transparent and increase diversity (diversity hasn’t really changed though)

Question 33

Define judicial review (UK)

Answer 33

When judges review actions of public officials and organisations to decide if they have acted lawfully

Question 34

Name 2 uses of judicial review

Answer 34

Establish common law Review appeal cases heard at lower courts

Question 35

Name a reason why judicial review can lack power

Answer 35

Parliamentary sovereignty means courts cannot strike down statute law, can only say someone has acted unlawfully

Question 36

Name an example of judicial review

Answer 36

Gurkha veterans being allowed UK visas after being refused / Serial rapist John Worboys being kept in prison

Question 37

Name 3 reasons the UK supreme court is powerful

Answer 37

Creates common law - change constitution Judicial review Address disputes arising under EU law Final court of appeal

Question 38

Name 3 reasons the UK supreme court is less powerful

Answer 38

Can only review statute law - can easily be overturned EU court more powerful Recent politicisation comprimises power Can use HRA to challenge gov. but as an Act it can’t be changed