Government and Politics Unit 4: Judiciary and Civil Liberties

Government and Politics Unit 4: Judiciary and Civil Liberties

1. Role of the Judiciary

   • The Judiciary is a collective name for judges and courts over the which they preside
   • The three highest levels of courts are:
     • High Court
       • Court of Appeal
         • Supreme Court
     • But there are higher courts in Europe that may be appealed higher to
       • European Court of Human Rights
       • European Court of Justice
   • Judges may create laws
     • Declaring Common Law is how the judge/court interprets a law
     • Interpreting Statute Law is when judges may not be clear on the meaning of a Government passed piece of legislation, therefore they are free to interpret how the law may be applied
     • Developing Case Law is where there is no written law for a certain case so the judge may make a law that applies to the case
       • For example, one judge made a law that people aren't allowed to wear burkhas when giving evidence

2. Judicial Independence and Neutrality

   • Judicial Independance
     • Judicial Independence is when judges not be unaffected by Politics
       • To make sure that Government don't exceed their legal powers
   • Judicial Neutrality
     • Judicial Neutrality is when judges must set their personal beliefs aside when making decisions
       • This is important as this ensures that judges follow the Rule of Law and treats all sections of society fairly
       • Removes political bias from decisions made by the judiciary

3. Constitutional Reform Act 2005

   • CREATION OF THE SUPREME COURT
   • TOOK AWAY POWERS FROM LORD CHANCELLOR (HEAD OF JUDICIARY)
   • Abolished the Law Lords as the highest court in the land