Political role of the judiciary (how judiciary is involved in politics)
- Created by: Caramel man
- Created on: 27-12-13 16:15
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- The political role of the judiciary
- Declaring common law
- Rules/laws which have developed by tradition OR common ways of dealing with disputes
- It normally relates to matters such as inheritance and occasionally rights of citizens.
- Judges must sometimes decide what the common law is themselves
- This is because there is sometimes no statute law or common law either.
- Rules/laws which have developed by tradition OR common ways of dealing with disputes
- Interpretation
- Judges often have to interpret the meaning of law (case law/common law)
- Cases involving the govt /govt agency/rights of citizens may have public significance.
- Judges often have to interpret the meaning of law (case law/common law)
- Creating case law
- JUDGE MADE LAW, as once the case has been dealt with, any similar cases in the future will be dealt similarly.
- Judges are therefore, in effect, making new law, rather than Parliament.
- JUDGE MADE LAW, as once the case has been dealt with, any similar cases in the future will be dealt similarly.
- Dispensing justice
- It is the court's duty to ensure legal justice/equal treatment under the law.
- Judicial reiew
- whereby the courts review an appeal made against a governmental organisation.
- For example, if the govt has exceeded its powers
- whereby the courts review an appeal made against a governmental organisation.
- Public Inquiries
- When a judge is called to conduct public inquiry of matters of widespread public concern.
- Judges are iindependent of govt, and so an inquiry led by a judge will be politically neutral.
- Hutton inquiry- looking into the apparent suicide of Kelly, a civil servant/ weapons expert
- When a judge is called to conduct public inquiry of matters of widespread public concern.
- Declaring common law
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