Government and Politics Unit 4: Judiciary and Civil Liberties

Role of the Judiciary
1. The Judiciary is a collective name for judges and courts over the which they preside
2. The three highest levels of courts are:
  1. High Court
    1. Court of Appeal
      1. Supreme Court
  2. But there are higher courts in Europe that may be appealed higher to
    1. European Court of Human Rights
    2. European Court of Justice
3. Judges may create laws
  1. Declaring Common Law is how the judge/court interprets a law
  2. 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
  3. 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
    1. For example, one judge made a law that people aren't allowed to wear burkhas when giving evidence
Judicial Independence and Neutrality
1. Judicial Independance
  1. Judicial Independence is when judges not be unaffected by Politics
    1. To make sure that Government don't exceed their legal powers
2. Judicial Neutrality
  1. Judicial Neutrality is when judges must set their personal beliefs aside when making decisions
    1. This is important as this ensures that judges follow the Rule of Law and treats all sections of society fairly
    2. Removes political bias from decisions made by the judiciary
Constitutional Reform Act 2005
1. CREATION OF THE SUPREME COURT
2. TOOK AWAY POWERS FROM LORD CHANCELLOR (HEAD OF JUDICIARY)
3. Abolished the Law Lords as the highest court in the land

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Government and Politics Unit 4: Judiciary and Civil Liberties

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