72023
Judiciary - Part 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
- Makes the Supreme Court the
Supreme Court of the United
Kingdom
- Final court of appeal in England, Wales and NI
- 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
- Was head of the judiciary,
presiding officer of the House of
Lords and a cabinet minister
- Law Lords were the highest
court of appeal. They sat in
the House of Lords
- Came into existence in 2009
- Hears appeals
- 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
- However, were very vocal on issues regarding the judiciary
- Often did not debate on common issues
- Creation of Supreme Court
- Constitutional Reform Act (2005)
- What do judges do?
- Preside over court
proceedings
- Act as "umpires", so
that the rules of the
court are followed
- 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
- THERESA MAY AND ABU QATADA
- Can lead to conflicts between
ministers and judges
- Make law through interpretation of
common law
- Accept previous interpretations as binding - "case 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
- Politicians encroaching on the role of judges
- Interpretation of severity
- Role has been reduced in recent
years due to increase in
mandatory laws
- Chair public inquiries and commissions
- Reputation for being neutral and
independent
- Can come into contact with ministers
- Bias may eventuate
- Bias may eventuate
- LEVESON INQUIRY
- Reputation for being neutral and
independent
- Preside over court
proceedings
- 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
- Prerogative powers are not
subject to oversight by the judiciary
- 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
- Coalition government just
scrapped legal aid
- Judges may be biased
- All citizens must be treated alike
- The law is always applied
- A certainty of punishment
for breaches of law
- Only for breaches, no persecution
- Due process
- Only for breaches, no persecution
- Not all crimes are reported
- Most cases of rape
- 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
- A certainty of punishment
for breaches of law
- 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
- If rights have been infringed
- No one is
above the law
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