Flashcards
Judiciary (UK)
Cards in this deck (25)
- 1What are the 5 highest courts for UK lawHigh court
Court of appeal
supreme court
ECoHR - highest court for civil liberties but lack enforcement
European court of justice - arbitrates on EU law - 24 roles of the judiciaryMaking law
Applying law
Asserting civil liberties
Scrutinising the powers of government - 3How does the judiciary make lawDeclare common law - precedent - enforcement of case law on wider scale
interpreting statute - laws are vague so they must be applied to each case
developing case law - written opinions which bind lower courts - 4How does the judiciary apply the rule of lawensures equal treatment of all under the law - in trial and appeal
judges will often chair enquiries into particularly high profile cases - 5How to judges assert civil libertiesHRA has effective higher law status so any break of that can be challenged
They can also create common law which is in favour of the individual - super injunctions
- slowing of deportation of Abu Hamza because of human rights - 6How does the judiciary limit the power of the governmentcan rule an action to be ultra vires - hunt did so on junior doctors and may did on immigration points system, gove on the belmarsh asset freezing
- 7How can judges influence politicsenforcement of all laws - foactortame
enforcement of the rule of law - conservative campaign spending
review government action - ultra vires or R v work and pensions - 8What is judicial independencekeeping the judiciary free from the influence of politics
- 9How is judicial independence maintainedTenure - very difficult to be fired
Protected salary reviewed independently
Legality - sub judice means the discussion of cases is forbideen and one could be charged with contempt of court
training - judges are highly experienced and now how to avoid influence
appoiuntment - since 2005 done independent of government (almost)
free from criticism by convention - 10How is judicial independence threatenedParliamentry sovereignty means it has the power to order the courts to do whatever it wishes
lack of entrenchment makes change easy
Ministers and government increasingly willing to break contempt - daily mail, Cameron and brooks, may on minimum sentencing
PM can veto and choose supreme court members - 11why does judicial independence matterensures fair treatment
limits gov power
ensures fair reading of the law
keeps important decisions free from public opinion - gina millers case - 12What is judicial neutralityjudges must not allow their own opinion to influence
- 13How is judicial neutrality maintainedThey cannot partake in political activity
as professionals they should only interpret the law as it is written - 14Why does judicial neutrality matterensures equal treatment and ruling and is critical for public confidence in the system
- 15What is the difference between liberties and rightsLiberty - freedom of X - freedom of expression
Rights - right to X - right to vote - 16Examples of government protecting liberties and rightsHRA 1998
Protection of freedoms act 2012 -deleting innocent DNA files - 17Examples of the judiciary protecting liberties and rightsA V Home office 2004 - overturned 7 day detention without charge
R V home office - May went ultra vires on immigration points
Malone V UK 1984 - can't tap phones
Leverson - 18Examples of the government limiting freedomInvestagtory powers act 2000 - right to tap as gov sees fit
Terrorism act 2000 - 7 day detention without charge
Prevention of terrorism act 2005 - overturned A V home office - home sec can restrict as they see fit
Terrorism act 2006 - 28 day detention without charge
Racial and religious hatred act 2006
Counter terrorism act 2008 - 48 day detention - 19How can the judiciary protect libertiesHRA
Judiciarl review
enquiry
Enforcement of law - 20Why si the judiciary struggling to protect rightscutting of legal aid means less people can make their case
independence and neutrality are increasingly threatened - 21What is judiciar reviewreviewing of government action in case of ultra vires
Factrotame was a result of review - 22How can government get around a judicial reviewRemedial order can change the wording to satisfy the courts
New legislation can be made to grant any denied power
following belmarsh in 2005 the powers that were denied were granted - 23why is judicial review importantworks as an effective challenge on government action
limits the executive
preserves the fairness of the law - 24Explain the legal authority of the HRABy common law it is higher, any legislation can be declared incompatible and enforcement will cease
but it is still flexible - terror laws are a clear breach but allowed - 25What was the impact of the HRA on the judiciarygave judges more power4
improved the protection of rights
influences new legislation
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- Politics Flashcards on Judiciary (UK), created by John Doak on 25/05/2017.
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- John Doak
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