(2) The structure of Judiciary and How far it is politics influences Judges

(2) The structure of Judiciary and How far it is politics influences Judges

1. UK Court structure

   • (3) Court of appeal criminal division civil division
     • (2) Crown Court
       • (1) Majastrates Court
     • (2) High Court
       • (1) County Court
     • (4) Supreme Court
       • (5) European Court of Justice
       • Supreme court sat for the first time in October 2009 as a result of CRA,2005
       • Constitutional Reform Act (CRA) 2005, the reform past the judicial responsibility from the Lord Chancellor to the Lord chief Justice
       • The Lord chief Justice make a more separation of powers
         • Judges became more accountable

2. What was the impact of the Constitutional Reform Act (CRA) 2005 upon the judiciary

   • Previously to the CRA, the judiciary had been appointed by the Prime Minister and the Lord Chancellor. This held difficulties in that judges were linked to the executive, threatening the political independence of the judges
   • 12 Lords of appeal in Ordinary (Law Lords) sat in the House of Lords - these were highly qualified and full time judges formed the highest court of appeal in the UK
   • This changed in April 2005 when the CRA was introduced.
     • This enshrined judicial independence by creating
       • The Judical Appointments Commission (JAC) which selects candidates to recommend for appointment to the secretary of state for Justice. Judges are appointed on merit
       • The post of the Lord Chancellor was reformed by transferring his judicial functions to the Lord Chief Justice - he/she now trains, guides and deploys judges and represents the views of the judiciary of England and Wales to Parliament
       • Independent Supreme Court established in 2009 - separate from the HoL. Its appointment system, staff, building (opposite Parliament) and Budget
       • A Judicial Appointments and Conduct Ombudsman was created to investigate and recommend complaints about the judicial appointments process and the handling of judicial conduct complaints

3. How Could Judges become politically influence Judges

   • Internal bias: prejudices and sympatheis of the judges themselves, specifically when this influence the decision they make
   • External bias: Influence of political bodies (executive / parliament ) are able to exert on a judgment