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AS Politics
Judiciary
| Question | Answer |
|---|---|
| What is Judicial review? | - court proceeding - judges lawfulness of public body's actions - does not affect whether decision was 'right', more concerned protocol was followed - grounds for action (illegality, irrationality, breach of HRA or EU law) |
| What are the grounds of judicial review? | - illegality - procedural impropriety - irrationality - HRA breach - EU Law breach |
| Why has there been an increase in judicial review? | Was made easier for citizens to bring public bodies to court in the 1980s |
| Why is there an increase in tension between the Gvmt and Judiciary? | - J can dis-apply legislation which contravenes EU Law - Can issue declaration of incompatibility for UK Law which contradicts HRA |
| Outline changes made by the Constitutional Reform Act 2005 | - Lord Chancellor merged with Secretary for Justice, ceremonial role now - Supreme Court established highest appeal court- 2009 - Appointments made through independent, meritocratic body - New Lord Chief Justice, independent, represents J in Gvmt |
| Does it matter that individual judges and the judiciary are collectively criticised by Government ministers? | YES - Gvmt fails to understand what the role of J is: they have to interpret and apply acts to uphold laws created by Parliament - Reduces public trust in Gvmt and J and the rule of law, criticism just makes the system weaker |
| Who are the judiciary? | - System of judges, courts and the jury when required - uphold the law - decide on appropriate sentences for criminals - head up enquiries (ie. Hutton enquiry) - advise amendments to statute law |
| Give reasons for why the judiciary is independent | - Independent Judicial Appointments Committee, meritocratic - Judges pay comes from independent body - Gvmt cannot interfere in court cases - Lord Chancellor is mainly symbolic role |
| Give reasons for why the judiciary is NOT independent | - Position of Lord Chancellor still exists - Justice Secretary can pardon criminals, officially appoints the judges (on advice), can veto - MPs free to criticise judiciary - Judges are just old law lords - Parliament is sovereign (could interfere) |
| Why do the judiciary need to be independent? | - Only make decisions according to the law - Gives impartial persepctive - Allows fair trial - retains our democracy - keeps faith in the system |
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