587275
Description
Mind Map by Marcus Danvers, updated more than 1 year ago
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Created by Marcus Danvers
over 10 years ago
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(2) The structure of Judiciary and How
far it is politics influences Judges
- UK Court structure
- (3) Court of appeal
criminal division civil
division
- (2) Crown Court
- (1) Majastrates Court
- (1) Majastrates Court
- (2) High Court
- (1) County Court
- (1) County Court
- (4) Supreme Court
- (5) European Court of Justice
- Supreme court sat for the
first time in October 2009 as
a result of CRA,2005
- Constitutional Reform Act (CRA) 2005, the
reform past the judicial responsibility from the
Lord Chancellor to the Lord chief Justice
- The Lord chief Justice make a
more separation of powers
- Judges became
more accountable
- Judges became
more accountable
- (5) European Court of Justice
- (2) Crown Court
- (3) Court of appeal
criminal division civil
division
- What was the impact of the Constitutional
Reform Act (CRA) 2005 upon the judiciary
- Previously to the CRA, the judiciary had been appointed
by the Prime Minister and the Lord Chancellor. This held
difficulties in that judges were linked to the executive,
threatening the political independence of the judges
- 12 Lords of appeal in Ordinary (Law Lords)
sat in the House of Lords - these were highly
qualified and full time judges formed the
highest court of appeal in the UK
- This changed in April
2005 when the CRA
was introduced.
- This enshrined judicial
independence by creating
- The Judical Appointments Commission (JAC) which selects
candidates to recommend for appointment to the secretary
of state for Justice. Judges are appointed on merit
- The post of the Lord Chancellor was reformed by transferring
his judicial functions to the Lord Chief Justice - he/she now
trains, guides and deploys judges and represents the views of
the judiciary of England and Wales to Parliament
- Independent Supreme Court established in 2009 -
separate from the HoL. Its appointment system,
staff, building (opposite Parliament) and Budget
- A Judicial Appointments and Conduct Ombudsman
was created to investigate and recommend
complaints about the judicial appointments process
and the handling of judicial conduct complaints
- The Judical Appointments Commission (JAC) which selects
candidates to recommend for appointment to the secretary
of state for Justice. Judges are appointed on merit
- This enshrined judicial
independence by creating
- Previously to the CRA, the judiciary had been appointed
by the Prime Minister and the Lord Chancellor. This held
difficulties in that judges were linked to the executive,
threatening the political independence of the judges
- How Could Judges become
politically influence Judges
- Internal bias: prejudices and sympatheis of
the judges themselves, specifically when
this influence the decision they make
- External bias: Influence of political
bodies (executive / parliament ) are
able to exert on a judgment
- Internal bias: prejudices and sympatheis of
the judges themselves, specifically when
this influence the decision they make
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