Judiciary, Europe and the Judiciary

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  • judiciary
    • stereotype
      • white pale male old
        • very traditional
      • etonians, very little diversity amongst them
        • lady hale, one of the 2 wome in the supreme court
      • need a more diverse body of justice in the uk
    • what do judges do?
      • have to interpret the law
      • there are 12 judges in the supreme court
        • listen to judges from devolved bodies
      • 1. settle disputes over human rights
        • 2. conduct judicial reviews
          • 3.look at the EU and british law
            • HOWEVER
              • too big for their wigs
                • unelected body
                • democratic deficit
                  • parliament had to decide rulings about brexit ruled the supreme court in 2018
                    • may tried to use prerogative powers and failed
              • didn't have the right to freeze the assets of suspected terrorists
                • democratic deficit
                  • parliament had to decide rulings about brexit ruled the supreme court in 2018
                    • may tried to use prerogative powers and failed
    • different courts
      • supreme court
        • highest in the land
          • very narrow minded court
            • gender, social background, education
              • women have been encouraged to join the supreme court
            • often white privately educated males
              • only 1 female on a divorce case in 2010, men didn't think about how it would affect the woman
        • decides whether the govt are acting within its legal powers
          • supreme court has been separated from parliament
            • sign of independence
      • the court of appeal
        • people can challenge the govt
        • the bedroom tax in 2016, the govt lost
      • high court
        • appeal lower down decisions
          • the factortame case in 1991
            • uk merchant fishing was conflicting with the eu laws
              • the uk law was set aside establishing the eu law was superior
      • crown court
        • often in cities
        • deal with crimes such as murder ****
      • magistrates court
        • petty crimes such as theft
    • Role of the judiciary
      • declare common law
        • develop case law
          • check all law is applied equally to all bodies
            • review decisions made by the government
              • protect civil liberties by enforcing the echr
                • complete public enquiries
                  • hillsborough disaster
                    • occurred in 1989, was found the police to be responsible
                      • no single body is above the law
                  • judicial review
                    • dealing with constitutional changes
      • they do also agree with the government on some occasions
        • agreed with stop and search to stop knife crime
        • gina miller fought to give parliament a say in brexit
          • govt can't invoke article 50 unless parliaments approval is there
            • the supreme court were then vilified
        • the high overturned the abolition of tuition fees

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