The Judiciary & Civil Liberties

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

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The Judiciary & Civil Liberties

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	Created by sallybooth about 11 years ago