Judiciary

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Define judicial review
A process whereby the courts review decisions by the state or any public body in relation to its citizens.
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Whats the importance of judicial review
Prevents the govt from operating in an arbitrary way, can see if the government is ultra vires, can be a result of alleged unequal or unfair treatment, can protect the HRA.
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What two acts have helped judicial review?
HRA as it allows the courts to review actions by govt + public bodies that might contravene the ECHR. FOIA provided more scope for discoing whether injustice has been done + whether rights are being abused.
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What is the final court of appeal?
Supreme Court
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What is the ECHR?
European Court of Human Rights upholds the European convention on HR. Requires all UK judges to take into account the ECHR's decisions.
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Who can seek judicial review?
Anyone who has a direct or personal interest in the decision or action. Cannot challenge decisions that you are not affected by.
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What are the main grounds for judicial review?
Illegality (unlawfulness) such as acting ultra vires, procedural impropriety (unfairness) such as being bias in decision making, irrationality (unreasonableness) such as defying logic or accepted moral standards that a sensible person could arrive at
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How has devolution impacted judicial review?
The Supreme Court must decide whether laws passed by devolved institutions go beyond the powers granted by the devolved statutes or if they are incompatible with HR.
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How has Section 6 of the HRA impacted judicial review?
Section 6 = makes it unlawful for a public authority to act in a way which is incompatible with a convention right (ultra vires).
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How have section 3 & 4 of the HRA impacted judicial review?
Section 3 = requires the judiciary to interpret legislation in a way which is compatible with convention rights. Section 4 = Judges can issue a 'declaration of incompatibility' (doesn't strike down laws).
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Why is the judicial review weaker in the UK than in countries that have codified constitutions?
Parliament is sovereign allowing them to make + unmake laws. So they can only advise on amendments, not actually strike down Parliamentary laws.
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How did our entry into the EU impact judicial review?
European Communities Act 1972 required all EU laws to be incorporated into UK domestic law.
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Why might judges be asked to chair public inquires?
Due to judges indépendance + neutralité they are seen as suitable chairs to lead inquires into areas of public concern.
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What is the European Court of Justice?
Highest court in the EU in matters of EU laws. Interpret EU law + ensures that it is equally applied across all states members.
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What is judicial independence?
Our judges should be free from political influence, so that they are able to apply the law without fear of any negative consequences.
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How does tenure + a protected salary help judicial independence?
Tenure is job security (cannot be sacked or removed) until they retire at age of 70. Salaries are protected from interference by politicians as they are determined by a separate body.
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How were judges appointed prior to the Constitutional Reform Act + how has this changed?
Allowed politicians to select judges (they could select ones who support their political views, increasing the odds of them supporting their legislation). Now the Judicial Appointments Commission interviews potential candidates.
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Why was the most senior court in the House of Lords prior to the opening of the Supreme Court a problem?
Because there was little separation between the judiciary + parliament (fused branches).
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What is judicial neutrality?
Our judges should not be allowed to have their own personal/political views + biases to influence their decisions + application of the law.
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What political restrictions are placed on judges?
They are allowed to vote, however they cannot openly endorse a particular party, candidate or pressure group.
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How are judges held accountable of their decisions?
Expected to explain the legal reasoning behind their devisions, so that the public will not feel that they have been influenced by their own beliefs.
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Why are judges becoming more outspoken?
Supreme Court creation has improved judges profiles
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How diverse is the UK Supreme Court?
All of the 15 new judges that have been appointed are males, apart for one. The average age in 66 in 2013 + majority privately educated + attended Oxford or Cambridge.
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Why might our judicial appointments process cause a lack of diversity?
Their own biases of what constitutes as 'most qualified' may be influenced by their own experiences. By having white males making appointments it's enviable that we will get white male judges.
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What is judicial activism?
Describes judges who have applied or interpreted laws in a way that develops the original intent. Its used critically (allows their own personal beliefs to shape their decisions).
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Card 2

Front

Whats the importance of judicial review

Back

Prevents the govt from operating in an arbitrary way, can see if the government is ultra vires, can be a result of alleged unequal or unfair treatment, can protect the HRA.

Card 3

Front

What two acts have helped judicial review?

Back

Preview of the front of card 3

Card 4

Front

What is the final court of appeal?

Back

Preview of the front of card 4

Card 5

Front

What is the ECHR?

Back

Preview of the front of card 5
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