Judiciary - Part 1

Fusion of Powers
1. Constitutional Reform Act (2005)
  1. Creation of Supreme Court
    1. Hears appeals
      1. Final court of appeal in England, Wales and NI
      2. Arguable points of law of general public importantce
      3. Civil cases from whole of UK
      4. Criminal cases from all but Scotland
      5. Assumed the devolution jurisdiction of the Judicial Committee of the Privy Council
        Makes the Supreme Court the Supreme Court of the United Kingdom
    2. Strengthened the separation of powers
      1. Law Lords were the highest court of appeal. They sat in the House of Lords
      2. 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
    3. Came into existence in 2009
  2. Removed the Law Lords from the House of Lords
    1. Often did not debate on common issues
      1. However, were very vocal on issues regarding the judiciary
What do judges do?
1. Preside over court proceedings
  1. Act as "umpires", so that the rules of the court are followed
2. Interpret and apply the law
  1. Can lead to conflicts between ministers and judges
    1. THERESA MAY AND ABU QATADA
3. Make law through interpretation of common law
  1. Accept previous interpretations as binding - "case law"
4. Decide sentencing in criminal cases
  1. Role has been reduced in recent years due to increase in mandatory laws
    1. Politicians encroaching on the role of judges
  2. Interpretation of severity
5. Chair public inquiries and commissions
  1. Reputation for being neutral and independent
  2. Can come into contact with ministers
    1. Bias may eventuate
  3. LEVESON INQUIRY
The Rule of Law
1. No one is above the law
  1. Prerogative powers are not subject to oversight by the judiciary
  2. Laws can be changed or scrapped by Parliament
  3. Queen, as head of the legal system, is not properly subject to the law
  4. Parliamentary privilege means that things that are said in Parliament are not subject to legal restrictions
2. Equality before the law
  1. All citizens must be treated alike
  2. Legal disputes are costly, only accessible to the rich
    1. Coalition government just scrapped legal aid
  3. Judges may be biased
3. The law is always applied
  1. A certainty of punishment for breaches of law
    1. Only for breaches, no persecution
    2. Due process
  2. Not all crimes are reported
    1. Most cases of rape
  3. Crimes are not detected because of limited police resources
  4. "Trial by the media" - punished even without legal proceedings or even when acquitted
4. Legal redress is available through the courts
  1. If rights have been infringed
  2. Protects the individual from the State
  3. No entrenched bill of rights
  4. The HRA can be set aside by Parliament
  5. Access to ECHR is expensive and takes time

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Judiciary - Part 1

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	Created by phopper31 over 11 years ago