Judiciary

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  • Created by: jamie
  • Created on: 17-05-13 13:25
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  • Judiciary
    • Judges are becoming increasingly more involved in the political process
    • Role of the judiciary is expanding
      • increasing amount of legislation
      • Introduction of the human rights act
      • A growing culture of litigation
      • A reluctance of politicians to deal with sensitive issues
    • Judges
      • traditionally
        • Neutral
        • Experienced
        • Trusted
        • Incorruptible
      • More recent questioning of neutrality by politicians
    • Courts
      • Types of courts
        • Magistrates
          • 95% of all cases
          • Power lies with the court clerk
        • Crown courts
          • criminal
        • High courts
          • civil and some criminal
        • County Courts
          • Civil
        • Court of  Appeal
          • Criminal division
            • Lord Chief Justice
          • Civil division
            • Master of the rolls
        • Uk Supreme court
          • (House of lords)
          • Highest domestic court of appeal
    • Roles of the jurry
      • To detremine guilt or inocence
      • to deal with highly technical cases
      • The criminal jusice act 2004
    • Roles of the judiciary
      • Preside of criminal trials
      • Judges carry out sentencing
      • Adjudication of civil cases
      • Guardians of the law
      • Chair enquiries
        • leveson enquiry
      • Judicial review
    • judicial review
      • reviewing the actions of the government
        • Can only rule aginst government and a public body if the case is ulra vires
          • Internement without trial 1971-1975
          • Is law constitutional
            • michael howard being denied the ability to aise the maximum sentence in the jamie bulger case
          • protection of civil liberties
          • Disputes betwen different levels of government
          • Czech roma case
    • Judicial activism
      • Refers to the willingness of judges to go beyond narrow legal decisions
      • Kilmur guidelines
        • Low public profiles
        • Refrain from speaking out on public policy
        • Judicial restrain illustrates a more conservative appoach
          • Applying the law on a case by case basis
      • Judges are becoming more willing to express thei views
      • increased use of judicial review is directly linked to judicial activism
      • Consevative bias oin the 1980s
        • Abolition of glc
          • and various labour controlled councils
        • However both major and blair suffered defeats at the hands of the judiciary
      • Further empowerment in he incorperation of the human rights act
    • Judicial independance
      • neutrality
      • hold the office until hey are 70
        • Complex dismisal process
      • They do not have to people please and therefroe can express their own oppinions
      • Judges salaries are payed from a consolodated fund
        • They can not be controlled y their pay
      • Ministers can not debate or comment on matters being decided by the courts
        • Their decision cannot be critisised in parliament
          • Birmingham 6
      • Should not speak on political matters
      • Appointed by pm and lord chancellor

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