52468
Beschreibung
Mindmap von sallybooth, aktualisiert more than 1 year ago
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Erstellt von sallybooth
vor mehr als 11 Jahre
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The Judiciary &
Civil Liberties
- Political Role of
the Judiciary
- Dispensing justice
- legal justice should
be delivered
- Trials and hearings should be
conducted to ensure fairness of all
parties etc.
- legal justice should
be delivered
- Interpretation
- Making law easy to understand
- Sometimes conflict can be
created over what law is
supposed to mean
- Making law easy to understand
- Creating case law
- Not always clear how
existing law should be applied
- e.g laws relating to prejudice
are likely to incite people into
committing these crimes
- Not always clear how
existing law should be applied
- Declaring common law
- Developed solely
by tradition
- creates much dispute over
what is law and what isn't
- Developed solely
by tradition
- Judicial Review
- Natural justice
- A judicial review of a
case can be requested
- Natural justice
- Public Inquiries
- Judges often called
upon for this
- e.g levison enquiry 2012 into
media and phone hacking
- Judges often called
upon for this
- External Jurisdiction
- Devolution
- European Union
- Devolution
- Sentencing Issues
- Criminal cases
- Sentences determined by
parliament
- Criminal cases
- Dispensing justice
- The Judiciary and
Protection of Rights
- Strengths
- Human rights act has given the
judiciary codified rights on which
to act upon
- Judiciary can justifiably claim
to be indpenedent
- Become considerably easier for
citizens to seek judicial review so
now more cases of importance
are hheard
- The new supreme court shows
lot of independence
- Human rights act has given the
judiciary codified rights on which
to act upon
- Weaknesses
- The sovereignty of parliament
means judges are forced to
accept legislation
- Human rights act is not
binding on parliament
- Judges do not have power
to undertake influence on
legislation
- Judges are neither
elected or accountable
- Law can always be changed
/ amended by judges to suit
them
- The sovereignty of parliament
means judges are forced to
accept legislation
- Strengths
- Why Are Civil Liberties
Under Threat?
- Increases in police power
e.g criminal justice act 1994
- Legislation passed by Thatcher
limited trade unions
- Increasing info held by the state
- Conflict between the media
and politicians
- Erosion on availability to
receive treatment
- Increases in police power
e.g criminal justice act 1994
- Judicial Reform
- For
- Stripping the role of
Lord Chancellor
- Judges no longer in the HOL,
less potential influence
- Judicial appointments commission
instead of the PM appointing judges
- Stripping the role of
Lord Chancellor
- Against
- The government has a role
in appointing the sentencing
council
- Human rights act isn't biding on any
parliament or governemnent
- The government has a role
in appointing the sentencing
council
- For
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