Judiciary 2

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  • Created by: shadia
  • Created on: 11-05-13 13:19
What Acts set out the selecting of judges?
Courts and Legal Service Act 1990
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What Qualifications do you need to become a Supreme Court Judge?
15 years advocacy or two years high judicial office.
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What Qualifications do you need to become a Court of Appeal Judge?
10 years advocacy or existing High Court Judge
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What Qualifications do you need to become a High Court Judge?
Circuit judge for 2 years
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What Qualifications do you need to become a Circuit Judge?
3 years as a district,recorder or tribunal chair
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What Qualifications do you need to become a Recorder Judge
7 years general experience
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What Qualifications do you need to become a District Judge
5 years general experience
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What is the Doctrince of the Separation of Powers?
First put forward by 18th Century French political theorist Montesquieu, he believed that the powers in a state should be separate. It should be split into three areas so that no one area became too powerful.
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The three areas?
Executive Branch - Goverment, propose the law. Legislative - Parliament, make law. Judiciary - Judges,enforce the law.
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What does the doctrine state?
Only way to safeguard individual liberty is to make sure the state is divided between these three separate areas.
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What role did the Lord Chancellor have before the Minister for Constitutional Affairs came about?
President of the Supreme Court in England and Wales, Head of the judiciary of England and Wales and a senior member of Cabinet
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What is the 'Independence of the judiciary
The doctrine of the separation of powers allows for judges to be independent
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Why is independence important?
Judges are open to pressure from: - The government -General Public - The media
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How does the english legal system ensure judges are independent?
Judges have a very secure tenure the decisions they make will not result in them losing their jobs and they have immunity from being sued decided in the case Sirros v Moore 1975
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How can superior judges be dismissed?
'Act of Settlement 1701' Can only be dismissed by the Queen if asked to do so by each house of parliament.
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How can inferior judges be dismissed?
'Courts Act 1971' for incapacity or misbehaviour.
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How did judicial appointments used to be done?
By the Lord Chancellors department. Candidates would be invited to the position, the department would keep candidates on files and when there was a vacancy they would be invited to the post.
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How are judicial appointments made now?
Selected by the Judicial Appointments Commission under the Constitutional Reform Act 2005, commission consists of 15 members. People are appointed on merit,commission in charge of assessing the merit of candidates and selecting them for appointment.
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Continued?
Candidates can not be appointed unless recommended by the commission and before recommending a candidate the commission must consult with the Lord Chancellor.
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How have they encouraged a wider range of applicants?
Posistions now advertised, commission run various events explaining the appointment system,judicial appointments commission,appointments made on application and merit
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Statistics?
One in 5 judges in england and wales women, less than 5 per cent from ethnic minorities. And judges tend to be middle class,white, middle aged and middle minded
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Process?
Interviews and the appointments, interviews assess attitude and apitud
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Training
Done by the judicial studies board. Training for superior judges is voluntary.Inferior judges training is compulsory one week course and then shadow an experienced judge for a week.Courses run from time to time e.g.Human Rights Act 1998
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Other cards in this set

Card 2

Front

What Qualifications do you need to become a Supreme Court Judge?

Back

15 years advocacy or two years high judicial office.

Card 3

Front

What Qualifications do you need to become a Court of Appeal Judge?

Back

Preview of the front of card 3

Card 4

Front

What Qualifications do you need to become a High Court Judge?

Back

Preview of the front of card 4

Card 5

Front

What Qualifications do you need to become a Circuit Judge?

Back

Preview of the front of card 5
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Comments

Smith E

All key questions. See how many you get right on a first read. Re-read the material and then go back and review the material again. This resource will help you to remember key dates and  time periods, important for the exam.

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