Judges and Civil Liberties Unit 1 Flashcards

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What is the 'judiciary'?
A collective name to describe the judges in the UK. In terms of politics it is the third branch of the government along with the excecutive and legislature. The political judiciary are involved in interpreting and applying law.
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What is judicial independence?
The principle that the judiciary should be unaffected by politics. This means that judges should not be politically active and should be protected from any kind of political interference with their decision making.
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What does an independent judiciary involve?
The existance of a distinct and seperate body of individuals who alone exercise judicial power and who are not subject to undue influence from the legislature, executive or anyone else.
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What is judicial neutrality?
An aspiration that judges should be objective and not at all bias. It also means that judges should be politically neutral and are not actively involved in political issues that might affect their judgement.
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What is judicial review?
A legal case where a citizen or group of citizens may ask for a review of a decision by government or any public body.
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What is the Mental Health Act 2002 case?
A court ruled on the UK law that required that persons detained fro mental health reasons had to prove their fitness for release. This conflicted with ECHR and so in future the authorities had to prove that a person was not fit to be released .
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Belmarsh case 2004?
Belmarsh case 2004 suspected terrorists were held without trial which was held to be a breach of HR so government changed legislation so terrorists could only be held for 28 days.
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Abbey National case 2009
Abbey National 2009 the courts ruled that the Office for Fair Trading had no legal power to investigate bank charging practices (ultra vires)
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Suspected Terrorist Ban assets case 2010?
Suspected Terrorist ban assets case 2010 where the court ruled that the government did not have the legal power to freeze the bank assets of suspected terrorists. The government then passed parliamentary legislation to allow it to freeze such assets.
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Why is judicial review important?
Preserves rule of law, prevents government from abusing power, ensures no members of society are discriminated against, makes public bodies accountable and enforced ECHR.
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What are civil liberties?
A name given to the freedoms and rights which are protected by the state and the law. Most nowadays are protected by the ECHR which was brought into British Law in the Human Rights Act 1998.
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Card 2

Front

What is judicial independence?

Back

The principle that the judiciary should be unaffected by politics. This means that judges should not be politically active and should be protected from any kind of political interference with their decision making.

Card 3

Front

What does an independent judiciary involve?

Back

Preview of the front of card 3

Card 4

Front

What is judicial neutrality?

Back

Preview of the front of card 4

Card 5

Front

What is judicial review?

Back

Preview of the front of card 5
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