The Judiciary

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  • Created by: Annagc
  • Created on: 15-03-21 16:37
What is the judiciary?
Branch of gov. responsible for interpreting and enforcing laws
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What does judicial independence mean?
Immune from civil action for things said in court, judges have security of tenure, laws around contempt of court prevent external interference
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Case of judges vs home secretaries: Said David 2019
Stripped ISIS bride Shamima Begum of her UK citizenship, high court rules she can return to UK
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Judges vs Home Secretaries: Theresa May 2012
Found in contempt of court for failing to release Algerian asylum seeker
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Countries with strong judicial review
Germany, USA, Canada (after 1992)
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Countries with weak judicial review
Sweden, Ireland, Portugal
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Countries with no judicial review
NZ, Israel, UK (before 1997)
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How powerful are judicial reviews?
They can asses the agility of actions by state officials or public bodies but if s=a decision is struck down parliament can put forward a bill to acquire powers needed so judicial review could be seen as having delaying powers
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Commowelath immigration act 1968 - case of judiciary having limited power
Steamrolled through parliament by Wilson gov., it restricted Kenyan Asians fleeing Kenya to settle in UK, would have been overturned in any country with a written constitution and Supreme Court
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European communities act 1972 - power of the judiciary
1994: employment protection act 1978 found in breach of EU law
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Human rights act 1998 power of judiciary (and limitation)
All UK legislation must be HRA compatible but if incompatible leg is passed, courts can't strike it down but executive must review it and account to parliament why it has been passed
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Constitutional reform act 2005
Judicial appointment commission created which reduced role of executive in appointing judges
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Significance of creation of Supreme Court in 2009
Replaced HoL as highest court in UK, greater separation of powers, enhanced judicial independence and further strengthened judiciary
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Miller vs the PM & Cherry vs advocate general for Scotland
Johnson prorogued parliament to 'prepare for queen's speech', some said it was to stop debates on Brexit vote. HC ruled it was political not legal issue but Scot court agreed prorogation was unlawful, SC ruled prorogation unlawful
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Political consequences of prorogation debate
asserted the right of the SC to judicially review constitution issues, SC behaved as a political actor
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Other cards in this set

Card 2

Front

What does judicial independence mean?

Back

Immune from civil action for things said in court, judges have security of tenure, laws around contempt of court prevent external interference

Card 3

Front

Case of judges vs home secretaries: Said David 2019

Back

Preview of the front of card 3

Card 4

Front

Judges vs Home Secretaries: Theresa May 2012

Back

Preview of the front of card 4

Card 5

Front

Countries with strong judicial review

Back

Preview of the front of card 5
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