Judiciary - Part 1

Judiciary - Part 1

1. Fusion of Powers

   • Constitutional Reform Act (2005)
     • Creation of Supreme Court
       • Hears appeals
         • Final court of appeal in England, Wales and NI
         • Arguable points of law of general public importantce
         • Civil cases from whole of UK
         • Criminal cases from all but Scotland
         • Assumed the devolution jurisdiction of the Judicial Committee of the Privy Council
           • Makes the Supreme Court the Supreme Court of the United Kingdom
       • Strengthened the separation of powers
         • Law Lords were the highest court of appeal. They sat in the House of Lords
         • The post of Lord chancellor has been merged with the Secretary of State for Constitutional Affairs
           • Was head of the judiciary, presiding officer of the House of Lords and a cabinet minister
           • The Lord Chief Justice has now become the head of the judiciary
       • Came into existence in 2009
     • Removed the Law Lords from the House of Lords
       • Often did not debate on common issues
         • However, were very vocal on issues regarding the judiciary

2. What do judges do?

   • Preside over court proceedings
     • Act as "umpires", so that the rules of the court are followed
   • Interpret and apply the law
     • Can lead to conflicts between ministers and judges
       • THERESA MAY AND ABU QATADA
   • Make law through interpretation of common law
     • Accept previous interpretations as binding - "case law"
   • Decide sentencing in criminal cases
     • Role has been reduced in recent years due to increase in mandatory laws
       • Politicians encroaching on the role of judges
     • Interpretation of severity
   • Chair public inquiries and commissions
     • Reputation for being neutral and independent
     • Can come into contact with ministers
       • Bias may eventuate
     • LEVESON INQUIRY

3. The Rule of Law

   • No one is above the law
     • Prerogative powers are not subject to oversight by the judiciary
     • Laws can be changed or scrapped by Parliament
     • Queen, as head of the legal system, is not properly subject to the law
     • Parliamentary privilege means that things that are said in Parliament are not subject to legal restrictions
   • Equality before the law
     • All citizens must be treated alike
     • Legal disputes are costly, only accessible to the rich
       • Coalition government just scrapped legal aid
     • Judges may be biased
   • The law is always applied
     • A certainty of punishment for breaches of law
       • Only for breaches, no persecution
       • Due process
     • Not all crimes are reported
       • Most cases of rape
     • Crimes are not detected because of limited police resources
     • "Trial by the media" - punished even without legal proceedings or even when acquitted
   • Legal redress is available through the courts
     • If rights have been infringed
     • Protects the individual from the State
     • No entrenched bill of rights
     • The HRA can be set aside by Parliament
     • Access to ECHR is expensive and takes time