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Judiciary - Part 1
Description
A-Levels Politics (Judiciary) Mind Map on Judiciary - Part 1, created by phopper31 on 05/05/2013.
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judiciary
politics
politics
judiciary
a-levels
Mind Map by
phopper31
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Created by
phopper31
over 11 years ago
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Resource summary
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
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
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
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
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