Judiciary - LEARNING

judicial independence

judges should interpret and apply law in an objective manner with no political or public opinion influence; courts can refine the meaning of legislation but cannot create it

legislative reversal

restrains judges but also takes heat off them because parliament can overrule judicial decisions with statutes

kilmair rule

judges could not go on tv or radio earlier on; now outdated as most communication is handled through the judicial press office

longstop

last resort when other resolutions have failed and final safeguard to ensure justice

R (Alconbury Developments Ltd) v Secretary of State for Environment, Transport and the Regions

HoL held UK courts must consider decisions of ECtHR and should follow any clear jurisprudence of that court, unless special circumstances would apply.

Duport Steels Ltd v Sirs

Lord Diplock stated the traditional view that parliament makes the law and judiciary interprets it although this can be misleading

Sirros v Moore

judge is not liable to legal action for damages if acting in honest belief they are within jurisdiction even if ignorant in law

Associated Provincial Picture Houses Ltd v Wednesbury Corporation

Wednesbury unreasonableness means a decision is so unreasonable that no person acting reasonably could have made it

CRA 2005

removed Lord Chancellor as head of judiciary resolving separation of powers issues; Lords replaced by Supreme Court; JAC established for judicial appointments; judges nominated by Judges Council and vacancies advertised; LC can reject once and reconsider once but must accept final proposed name

Crimes and Court Act 2013

introduced tie breaker provisions allowing diversity to be considered when candidates are of equal merit though rarely used

Senior Court Act 1981

King requires address from both houses to dismiss a judge and judges hold office during good behaviour

Sir John Laws

courts should move beyond a dispute resolution function

HLA Hart

legal rules are open textured

Lord Denning

judges must have absolute legal immunity

Lord Woolf

tension between government and judiciary can be a necessary consequence of a healthy constitution

Lord Sumption

positive discrimination is the only way to increase diversity but would dilute the quality of the bench