Judiciary and constitutional reform

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How does the Rule of Law effect the judiciary?

No punishment without trial

No one above teh law

Personal freedoms= decisions of judges

1 of 10

How is independence maintained?

Salaries paid by consolidation fund

Contempt of court

Separation of powers

Independent appointemnts

Training and experience 

2 of 10

How is neutrality maintained?

Low public profile 

Restriction on activity

Legal justification 

Highly trained 

3 of 10

How powerful are judges?

Decide whether unlawful or 'ultra vires'

'Suspend' UK statue law that violates EU law

Incompatibility if violaates EU law

4 of 10

Has the judiciary become politicised?

Criticse rulings bu judges

HRA merit rather than assess

Factortame (1990) 

Chris Grayling- 'human rights agenda gone too far' 

"Lost sight of core principles"

5 of 10

Constitutional Reform under Blair

What is Constitutional Reform?

Modernising way country run.

1999- Scottish Parliament

1999- Welsh Aseembly 

1999- Northern Ireland 

Electoral Reform 

6 of 10

Why reform?

Fears of sovereignty 

Corruption

Electoral

House of Lords

Increase in unelected bodies

7 of 10

How is it reformed?

Parliament, committees and cabinet

Referendums

Acts of Parliament

EU law and treaty 

8 of 10

Impact Constitutional Reform Act 2005

Removed Law Lords

Downgrade LC role

Independent Appointments Committee

Diversity

Consolidated fund

Anonymous

No political influence 

9 of 10

Criticisms of reforms

Human Rights agenda

Not reflective of society

Lack of women 

Speak in public abut decisions 

10 of 10

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