The Uk's Judiciary

HideShow resource information
Why is it argued that the judiciary has a political role?
They can hold the legislature and executive to account
1 of 139
What is the chief role of judges?
To define the meaning of law
2 of 139
Do judges have the ability to make law?
No, only apply it
3 of 139
Give examples of parliament putting pressure on udges
Over the riots, judges wanted to apply the law as they would to any other criminal but instead the parliament told them to be harsh in order to set an example
4 of 139
Give an example of the judiciary speaking out against parliament
Senior judges that are criticizing the government over legal aid
5 of 139
Give a contrasting point to show that judges do in fact make law
It was judges that came up with the super injunction
6 of 139
What do judges do?
Preside over court proceedings, interpret and apply the law, make laws in certain cases, decide sentencing in criminal cases and chair public inquiries and commissions
7 of 139
What has one charity said about sentencing?
That it is a postcode lottery
8 of 139
Give an example of a judge led inquiry
The Leveson enquiry
9 of 139
What is the principle of the rule of law?
Law rules, no one is above the law, there should only be punishment for breaches of the law and if the law is broken there should be a certainty of punishment
10 of 139
What does the rule of law prevent?
Arbitrary government
11 of 139
What does arbitrary government mean?
Autocratic
12 of 139
Give an example of nobody being above the law in the rule of law
Princess Anne was fined £400 for speeding in 2001
13 of 139
Who was Chris Hune?
A Lib Dem who went to prison after putting points on his wife's license instead of his
14 of 139
Who was Andy Coulson?
Cameron's director of communications who ended up going to prison
15 of 139
Give an example of the lack of the rule of law
Ian Tomlinson's death and the lack of justice and some MPs trying to prevent a police investigation into expenses
16 of 139
What should judges be?
Strictly impartial and non political
17 of 139
What is external bias?
Where other political bodies are able to exert power on the judiciary
18 of 139
What is internal bias?
The prejudicies and sympathies of judges themselves
19 of 139
What is the principle of judicial neutrality?
The principle that judges should be above politics
20 of 139
How is judicial neutrality gauranteed?
Judges shouldn't play an active role in party politics, law lords are not expected to contribute to debates over party issues, judges are expected to stick to the law, rules of appeal, and higher courts to refer case to
21 of 139
What do rules of appeal allow for?
Controversial decisions to be challenged
22 of 139
How is neutrality maintained in judges?
Political restrictions, legal training, accountability and the fact that they are not public figures
23 of 139
What is judicial independence?
The notion that judges are free to make decisions withour the influence of the executive or the legislature
24 of 139
Who has said that lawmakers should never be above the law?
Nick Clegg
25 of 139
What is external bias?
The influence that other political bodies have on the judiciary, the power that parliament can exert on the judiciary
26 of 139
What is internal bias?
The prejudices and sympathies of judges themselves
27 of 139
What are the principles of judicial independence and neutrality supposed to keep at bay?
External and internal bias
28 of 139
Who surveys the neutrality of judges?
The media and pressure groups
29 of 139
How can judges be removed?
By a resolution of both houses of parliament and they must have carried out serious misconduct
30 of 139
Give an example of the existence of external bias
Lord Woolf's criticisms of Blair for making comments over judicial decisions and Theresa May accusing judges of making the UK more dangerous over their rulings on the prevention of deportation of certain criminals due to their right to a family life
31 of 139
How is judicial independence maintained?
The appointments process, security of tenure, pay, freedom from criticism, the fact that it is an independent legal profession and the role of the Lord Chancellor
32 of 139
Who is the current Lord Chancellor?
Michael Gove
33 of 139
Who appoints the Lord Chancellor?
The Queen on the advice of the PM
34 of 139
Is the Lord Chancellor allowed to be a member of the cabinet?
Yes
35 of 139
What is the Lord Chancellor responsible for?
The efficiency and independence of the courts
36 of 139
What reformed and limited the powers of the Lord Chancellor?
The Constitutional Reform Act of 2005
37 of 139
To whom did many of the former powers of the Lord Chancellor go to?
The Lord Speaker
38 of 139
How are our Supreme Court Justices appointed?
By the Queen on the advice of the Lord Chancellor
39 of 139
What is security of tenure?
Judges cannot be sacked unless they have done something very wrong, thus they can feel free to rule based on their true beliefs
40 of 139
Who appointed judges before the constitutional reform act of 2005?
Members of the cabinet
41 of 139
Who was formerly able to sit as a judge before the Constitutional Reform Act of 2005?
Members of the cabinet
42 of 139
Who received the judicial functions of the HoL under the Constitutional Reform Act of 2005?
The Lord Chief Justice
43 of 139
What was launched judicially in 2008?
A new Supreme Court separate from the HoL
44 of 139
What event ensured separation of powers in the UK?
The Constitutional Reform Act
45 of 139
Before the Constitutional Reform Act of 2005, who could sit in the executive, the legislature and the judiciary?
The Lord Chancellor
46 of 139
Give an example of the judiciary challenging the actions of ministers
Their criticisms of the Nationality, Immigration and Asylum Act of 2002 on the grounds that it breached the human rights of asylum seekers
47 of 139
What happened, controversially, to the killer of Philip Lawrence?
He was prevented from being deported back to Italy on the basis of the ECHR and his right to a 'family life'
48 of 139
What are liberties?
Freedoms that should guarantee an individual's protection against harsh treatment
49 of 139
Give an example of a liberty
The right to a fair trial
50 of 139
Who is supposed to protect citizens civil liberties?
Judges
51 of 139
What is the difference between civil liberties and human rights?
Civil liberties are based on citizenship and so are specific to people living in one place, human rights are applicable to all
52 of 139
What are civil liberties?
Limitations placed on the government, things that the government can't do that would interfere with your freedom
53 of 139
What are civil rights?
Curbs on the power of majorities to make decisions that would benefit some at the expense of others, guaranteeing equal citizenship
54 of 139
What is often seen as a defining feature in liberal democracies?
Maintaining civil liberties
55 of 139
What are residual rights?
The right to do anything the law does not forbid
56 of 139
Why is it hard to uphold civil liberties in the UK?
They are not spelt out in documents
57 of 139
Who criticised the freedom of information act?
Law lords
58 of 139
Who were law lords?
They were the highest form of court in the UK before 2009 when the Supreme Court was formed, they were full time judges sitting in the house of lords and fulfilling its judicial purpose
59 of 139
Who replaced the law lords?
The supreme court
60 of 139
Why are judges beginning to get involved in government affairs?
Tendency of governments to legislate over newer and broader areas, citizens using courts more, development of international agreements, judges seen to have greater confidence to challenge and weakness of parliament against executive
61 of 139
What is the idea of judicial activism?
Where the judiciary is powerful to challenge government, often based on their own policy
62 of 139
Who is the most recent judge to be sacked for misconduct?
Judge Short
63 of 139
Why was Judge Short sacked?
For being rude in court, lying and refusing to cooperate in investigations into her misconduct
64 of 139
Who was judge Bruce Campbell?
A judge sacked for smuggling whisky across from France
65 of 139
When was Judge Campbell sacked?
1983
66 of 139
How can judges declare a law void?
If it is seen to violate the ECHR
67 of 139
How do judges protect civil liberties?
Through the power of a judicial review and the implementation of the HRA
68 of 139
What is an ultra vire?
When someone acts beyond their legal power or authority
69 of 139
What can judges do about ultra vires?
Challenge them
70 of 139
What is the issue with the ability of judges to declare acts of parliament in violation of the HRA?
They are only advisory
71 of 139
What does the lack of an entrenched constitution mean?
That civil liberties are open to interpretation
72 of 139
What is judicial neutrality?
Internal bias
73 of 139
Where have many judges attended?
Eton
74 of 139
What is the issue with many judges going to posh schools?
They probably will not understand why people shoplift etc
75 of 139
Which judge had a wife who worked for Amnesty International?
Lord Hoffman
76 of 139
What was the issue with Lord Hoffman's wife working for Amnesty International?
It was argued that it harmed his judicial neutrality
77 of 139
What major case was Lord Hoffman working on when it was revealed about his wife?
The Pinochet Case
78 of 139
How diverse is the UK's Supreme Court?
Only one woman and no ethnic minorities
79 of 139
Who recently got a superinjunction?
Elton John
80 of 139
What is judicial independence?
External bias
81 of 139
How long do you have to be in legal training to become a judge?
Ten to fifteen years
82 of 139
In 2011 what percentage of all judges were women?
Twenty two
83 of 139
In 2011 what percentage of all judges were of an ethnic minority?
Five per cent
84 of 139
Who carries out judicial appointments?
Judicial Appointments Commission
85 of 139
Is the Judicial Appointments Committee independent of government?
Yes
86 of 139
How are judges paid?
The consolidated fund
87 of 139
How are judges salaries decided?
Through an Independent Pay Review body
88 of 139
Who has often criticised judges?
Teresa May
89 of 139
Should politicians be able to criticise judges?
No
90 of 139
Who is head of judges?
Lord Chief Justice
91 of 139
Who looks after and oversees the Human Rights Act?
The judiciary
92 of 139
Give a good example of the use of the HRA and conflict with Teresa May
Abu Hanza
93 of 139
Give examples of successful judicial reviews
Lewisham hospital, the Gurkha soldiers, compensation for Japanese prisoners of war and the government's nuclear strategy
94 of 139
What is the problem with judges holding the government to account using judicial reviews?
They are unelected and parliament can pass another act to overturn their decision
95 of 139
Give an example of parliament passing a law to overturn the decision of the judicial review
Jeremy Hunt passing a law to allow him to close hospitals
96 of 139
What has Lord Howard said about judicial reviews?
He feels that he would have had more influence if he had become a judge rather than a politician
97 of 139
How many judicial review applications were made in 2013?
2.190
98 of 139
Has the amount of judicial review applications increased?
Yes
99 of 139
Who wins the majority of judicial reviews?
Government
100 of 139
What have the conservatives attempted to do to judicial reviews?
Reform them to make them less time wasting
101 of 139
What is the highest court of appeal?
The Supreme Court
102 of 139
What court do cases first appear in?
The High Court
103 of 139
What does the European Court of Justice deal with?
Appeals on EU law
104 of 139
What does the European Court of Human Rights deal with?
Appeals on the European Convention of Human Rights
105 of 139
Who has the power over creating common law?
Judges
106 of 139
How do judges create common law?
When common law is not official and is unclear, judges can declare what common law means and how to apply it
107 of 139
How can judges be said to make law?
They interpret the law, they rule over common law which is not official and they have created the superinjunction
108 of 139
What is a judicial review?
A process in response to a request by an individual or association that wishes to challenge the decisions made by a public body or a law passed by parliament
109 of 139
On what grounds can a judicial review be heard?
The decision offends the ECHR or HRA, offends common law, that it was ultra vires, against the rule of law or correct administrative procedures were not followed
110 of 139
Are judicial review rulings binding?
Yes
111 of 139
What is an issue with judicial reviews?
If they concern a piece of government legislation or a ruling on the EHCR then they can be ignored
112 of 139
Give examples of judicial reviews
Mental Health Act case where it was ruled that the fact that those detained for mental health reasons had to prove their fitness for release offended the ECHR
113 of 139
Why is the use of judicial reviews important?
It helps to preserve the rule of law, prevents arbitrary government, protects against discrimination, it makes public bodies accountable and enforces the HRA
114 of 139
What did the Family of Justin Smith v. Secretary of State for Defence rule?
That the ECHR does not have any force in troops serving abroad
115 of 139
What did H.M Treasury c. Mohammed Jabar Ahmed rule?
That the government did not have the power to freeze the financial assets of suspected terrorists
116 of 139
What are civil liberties?
Freedoms and rights that all citizens have and that are protected by the state and the law
117 of 139
What year was the Human Rights Act passed?
1998
118 of 139
When did the HRA come into force?
2000
119 of 139
What did the HRA do?
Introduced the ECHR into British law
120 of 139
Can judges overturn legislation?
No
121 of 139
Where are cases of great significance concerning the ECHR referred to?
The European Court of Human Rights in Strasbourg
122 of 139
Are the judgements of the European Court of Human Rights binding in the UK?
No but they are in most other countries
123 of 139
What was the Afghan hijackers case of 2006?
Where it was controversially ruled that a group of Afghan refugees who had hijacked a plane to the UK could claim asylum and seek work in the UK on the grounds that their lives would be in danger if they were deported
124 of 139
What can the victims of civil liberty abuses, as ruled by judges, get?
Compensation or the decision reversed
125 of 139
What has the increased independence of the judiciary led to?
Judicial activism
126 of 139
Is the European Court of Human Rights linked to the EU?
No
127 of 139
Which court is associated with the EU?
The European Court of Justice
128 of 139
What is the highest court in the EU?
The European Court of Justice
129 of 139
What does the European Court of Justice do?
Settles disputes between members, interprets the meaning of EU law and decides how it should be applied, hears appeals over EU law etc
130 of 139
Are the judgments of the European Court of Justice binding on the UK?
Yes
131 of 139
What did parliament do about the prisoners vote in 2011?
Voted to ignore the declaration of incompatibility
132 of 139
What was the DNA retention case?
The ECHR ruled that it was against the ECHR's right to privacy to retain the DNA profile of people who have not committed a crime, thus the government was forced to destroy many DNA profiles
133 of 139
Give examples of European Court of Justice cases
The Factortame Case 1991, jobseekers allowance of 2004 which ruled that any member of the EU could claim jobseekers allowance in the UK
134 of 139
Can the Secretary of State for Justice interfere with court cases?
No
135 of 139
Who is in charge of the legal system?
The Lord Chief Justice
136 of 139
When did the Supreme Court begin operation?
2009
137 of 139
What power does the PM still have over the appointment of judges?
They can veto controversial appointments
138 of 139
Give an example of conflict between judges and government over sentencing
Over riots
139 of 139

Other cards in this set

Card 2

Front

What is the chief role of judges?

Back

To define the meaning of law

Card 3

Front

Do judges have the ability to make law?

Back

Preview of the front of card 3

Card 4

Front

Give examples of parliament putting pressure on udges

Back

Preview of the front of card 4

Card 5

Front

Give an example of the judiciary speaking out against parliament

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Government & Politics resources:

See all Government & Politics resources »See all The Supreme Court resources »