Using your own knowledge as well as the extract, consider the extent to which Parliament may be said to have ‘undermined the independence of the judiciary’. 

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  • Using your own knowledge as well as the extract, consider the extent to which Parliament may be said to have ‘undermined the independence of the judiciary’.
    • The judiciary is independant
      • Consolidated Fund
        • The independence of the judges is protected by the fact that judges receive fixed salaries not subject to parliamentary approval
      • Court proceedings are sub judice
        • they cannot be discussed in parliament
      • Judges have security of tenure
        • they cannot be sacked by the Government
      • The Constitutional Reform Act 2005
        • enshrines judicial independence by creating a new Supreme Court independent of the executive and legislature
        • It also protects judicial independence by establishing the Judicial Appointments Commission
          • the appointment of judges is now not completely in the hands of the Prime Minister
    • Parliament has undermined the independance of the judiciary
      • They can’t declare Acts of Parliament unconstitutional
        • because there is not a codified constitution in the UK which they can judge statute law against
      • only Parliament can make law and no other body can set aside a law made by Parliament
        • principle derives from the 1689 Bill of Rights
      • Parliament can act with little regard to existing law in various ways
        • changing laws when they have not been happy with judicial rulings
        • interfering in penalties imposed by judges

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