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AS Politics

Judiciary

QuestionAnswer
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
Created by: bethysav