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Politics AS Level
The Judiciary
| Term | Definition |
|---|---|
| Who are the judiciary? | Branch of Government responsible for upholding the law, this includes judges and courts who interpret and carry out law |
| What do judges do? | - Ensure that laws are constitutional - Interpret what laws mean - Resolve disputes - Chair enquiries i.e Hutton Enquiry - Might have been Law Lords - Review gvmt's decisions |
| Why has the role of the judiciary increased? | - expanding role of gvmt - greater complexity in gvmt affairs - greater focus on rule of law and human rights - greater culture of litigation |
| What did the judicial system look like a decade ago? | -previous system had lord chancellor/home secretary the same thing - Law Lords in the house of Lords were the highest court in the country |
| What does the judicial system look like after these reforms? | - Supreme Court established 2009, replaced the Law Lords - Ministry of Justice established - Lord Chancellor role purely ceremonial |
| What are the key elements of the legal system? | - Clear court structure - Seperation of civil and criminal cases - Civil- County Court, High Court, Court of Appeal - Criminal- Magistrates Court, Crown Court, Court of Appeal - Supreme Court |
| How are the judiciary independent? | - Selected on merit, by the Judicial Appointments Commission from 2005 - security of tenure - political neutrality - member of law society - fixed salaries paid out of consolidated fund |
| How are the judiciary not independent? | - selection still officialy signed off by the PM - media can still pass judgement on their decisions, criticise - may still hold private political opinions |
| What sort of people are judges? | Same problems as MPs and civil servants, seen to be underrepresentative and elitist. Male, white, and elderly. When SC opened, 10/11 went to Oxbridge and were male, and 9/11 public school |
| Why has there been a growth in judicial activism? | - Judges are taking an active role as interpreters of the constitution - Judges are expected to be impartial - Less clear-cut seperation from the government - Caught up in other political issues, i.e chairing enquiries - HRA 1998 gave further power |
| Reasons why judges have become too powerful | - They are unelected, no mandate - Parliament should protect liberties - Lack accountability - Not representative - Should not rely on judiciary to make difficut decisions |
| Reasons why judges are not too powerful | - They have the expertise, are held to high standards - part of checks and balances - Independent so can make difficult decisions - Protect our rights and freedoms |
| Impact on EU Convention and the HRA on the judiciary | - Judiciary have a greater say in legality of laws - Have to declare if they are compatible - Interpret laws - Often the gvmt lost out- i.e prisoners' rights and corporal punishment - Judicial review cases against the gvmt |
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