Judicial Independence and Judicial Neutrality

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Flashcards covering key concepts related to judicial independence and neutrality.

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10 Terms

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Common law

The body of legal precedent resulting from the rulings of senior judges; also known as case law or judge-made law.

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Judicial review

The process by which judges review the actions of public officials or public bodies to determine if they acted lawfully.

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Ultra vires

A Latin term meaning 'beyond the authority' or 'beyond one's powers', referring to the legality of a minister's actions.

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Judicial independence

The principle that judges should be free from political control and external pressures, allowing them to uphold the rule of law.

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Judicial neutrality

The principle that judges must make decisions impartially, not allowing personal biases to affect their judgements.

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The Constitutional Reform Act of 2005

An act that established a strict separation of powers between the judiciary and other branches of government in the UK.

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Judges' appointment system

The process whereby judges are selected based on merit and expertise rather than political or personal connections.

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Security of tenure

The protection judges have against dismissal except for misconduct, allowing them to make impartial decisions.

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Sub judice

A legal principle that prohibits public discussion of ongoing judicial proceedings to prevent undue pressure on judges.

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Judicial Accountability

The requirement for judges to explain their decisions to the public, which helps maintain transparency and accountability.