The Judiciary

What is prorogation?

The act of suspending P. by the monarchs, on the advice of the PM

What case stopped prorogation in 2019?

R (Miller) v The PM

What are superior judges?

Justice of the SC, Lord Justice of Appeal and High Court Judges

What is an inferior judge?

Circuit judges, recorders and district judges

Where do circuit judges sit?

County and Crown court

Where do recorders sit?

Crown court

Where do district judges sit?

Crown and Magistrates court

What qualifications do judges need?

• A law degree

• Additional law courses

• 5-7 years of post-qualification experience (as a barrister or solicitor)

What experience do SC justices need?

To have practised as a solicitor or barrister for 15 years and to also have experience on appellate courts

Who is in charge of all the justices?

The Lady Chief Justice - The Right Honourable Baroness Carr

What is the admissibility of evidence?

Has the evidence been collected legally

What are the three branches of state?

Legislative - Parliament

Executive - Government

Judiciary - Judges

Why is the separation of powers important?

• It protects the liberties of the nation’s citizens

• They can create checks on each other and limit the amount of power they yield

• It helps prevent the abuse of power

Are the powers fully separated?

No (Legislative + Executive)

The Lord Chancellor is involved in all arms of state

Describe the independence of the J from the L:

• Full time judges cannot be MPs

• The separation of the SC and HoL in 2009

• Judges have financial independence (not paid by P) but P can change the judicial requirements and qualifying periods for pensions

Describe the independence of the J from the E:

• Superior judges cannot be dismissed by the gov

• Judicial independence if guaranteed under S3 of the Reform Act 2005

What other types of judicial independence is there + case?

Independence from the case - judges are not allowed to hear or try a case of they have an interest in the issues involved

Re Pinochet 1999 - Chilean dictator, judge involved in Amnesty international- case was retried

What is judicial review + case?

A process by which judges in the KBD can review decisions made by a minister and can deem decisions unlawful.

Cabinet Office v Chair of Covid Inquiry 2023 - BoJo partygate messages were needed - court ruled to allow the messages to be used

A v Secretary of State for the Home Department 2004 - the HoL declared that the Anti-Terrorism, Crime and Security Act 2001 was incompatible with the ECHR - forced the gov to change

What is immunity from suit?

All judges are immune from any repercussions for any acts that carry out when they perform their judicial duties.

All judges can never be sued for civil cases.

What is security of tenure?

With permission from the Lady Chief Justice, the Lord Chancellor can dismiss any inferior judge for misconduct or incapacity.

This is not the case for superior judges who can only be dismissed by the Monarch following a petition by P.

What are the advantages of the judiciary?

• Growing diversity (Lady Chief Justice)

• Judges must have independence from the case

• Cases can be tried solely by judges if there is a risk of jury tampering

• Judicial independence (The SC being created

• Judicial review (Cabinet Office v Chair of Covid Inquiry)

• Have control on inadmissible evidence

What are the disadvantages of the judiciary?

• Mostly white male (43% women, 11% ethnic minority)

• Judges could have an interest in the case (Re Pinochet 1999

• Legal advice can be ignored (R v Ponting)

• Not fully independent (Lord Chancellor)

• Judicial review undermines parliamentary sovereignty

• Have control over inadmissible evidence (Central Park 5)

What are the strengths of judicial independence?

• The creation of the SC in 2009

• Immunity from suit

• Judicial review

• Security of tenure

What are the weaknesses of judicial independence?

• Not fully independent

• Judicial review undermines parliamentary sovereignty

• Undemocratic - judges have influence over P but are not elected

• Lack of accountability - immunity from suit + security of tenure