Role of the judiciary and its independence
- Created by: Reece Colley
- Created on: 28-05-14 13:33
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- The Judiciary
- Role of the Judiciary
- Declaring Common Law
- a great deal of law is unwritten but exists and is enforceable
- this includes the power of the prime minister
- Judges come to a decision on what the common law is
- a great deal of law is unwritten but exists and is enforceable
- Interpreting statute law
- laws passed by government are not always clear
- judges come to a decision as to what the law means
- laws passed by government are not always clear
- Developing case law
- even if the law is clear it might not be clear how it applies to certain cases
- sets a precedent as to how this will apply in the future
- even if the law is clear it might not be clear how it applies to certain cases
- Declaring Common Law
- What kinds of cases are politically important
- Enforcing the Convention of Human rights and other rights
- interpret the meaning of human rights laws
- Enforce the Rule of Law
- the Rule of law is the principle that all citizens, groups or even the government have to follow the law
- ensure all minorities are protected equally
- prevent the government from over stepping its power
- interpret the law and become part of the law making process
- How is the Judiciary independent?
- Cant be dismissed based on decisions
- govt. cannot apply pressure for a certain decision
- the pay of judges are protected and guaranteed
- Govt. cannot threaten judges with loss of pay
- govt. or press not allowed to talk about case in progress
- so the press of govt. cannot sway judges decision
- Judges appointed by the Independent appointment Commission
- No political influence can be placed into the judicary
- Judges cant be politically active
- this is so personal views are not influencing interpretation of law
- Cant be dismissed based on decisions
- why is Judicial independence so important?
- so the rights of individuals and groups is protected from the govt.
- it is important that govt. doesnt go beyond its legal powers
- Independent judges are more able to protect the rule of law
- Judges need to interpret the constitution, it is important govt. does not sway this
- Justice cant be served if any outside group has influence on the court
- Public opinion isnt always legal and judges should stand above public opinion
- eg. Abu Hamaza deportation. his rights couldnt be protected but people wanted him to be deported anyway
- Role of the Judiciary
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