the judiciary

what is the judiciary?

all the judges in the UK, from local magistrates courts to the UK supreme court

what is the judiciary responsible for implementing laws to?

each case put before it

when is the judiciary implementing laws not considered controversial?

in magistrates courts, such as with cases like speeding fines

what may judges be required to interpret laws in line with in complicated cases?

the meaning and spirit of the constitution or most relevant act

when may judges modify the law?

if it has not been designed well or is not suited to new cases

why has the role of the judiciary become more important in recent years?

the level of expertise needed in an increasingly complex society has risen

why has judges being able to interpret laws led to criticism by politicians?

parliament is supposed to be sovereign

what is judicial review?

the judiciary reconsider laws and revise them to ensure they remain in accordance with the fundamental ideas of the constitution, or that they have been applied appropriately

how does judicial review ensure ultra vires?

by making sure no politician has exceeded the power given to them in law

what is the highest court in the UK?

the supreme court

which court is under the supreme court?

the court of appeal

what is the court of appeal divided into?

the criminal division (appeals from the crown court), and civil division (appeals from the high court, tribunals, and some country court cases)

which court is under the court of appeal?

the high court, run by 108 judges

what are precedents?

decisions taken by courts in legal cases that break new ground

how many justices sit in the supreme court?

12

what is criminal law?

offences that amount to illegal acts against the state, these can be carried out by single individuals or groups, with the treatment of those found guilty usually jail or a fine

what must guilty verdicts of criminal law be?

beyond reasonable doubt

what is civil law?

deals with relations between different members of society, often brought to the courts by private individuals with anyone found guilty having to pay compensation

what must guilty verdicts of civil law be?

on the balance of evidence

what are the new cases law develops from known as?

judge-made law or case law

what is common law?

the collective decisions of judges precedents based on the values of British society as the judges see them

when did common law begin?

in 1066 as laws common to all the king's courts

what is an example of the UK supreme court showing that nobody is above the law?

in 2019 the supreme court overturned PM Johnson's prorogation (early closure) of parliament

what do the top judges have a key role in?

running the UK and ensuring all institutions obey the law

how is presiding over criminal trials a key function of judges?

they ensure the law is applied accurately to the case before them, as well as following the right procedures for serious offenders such as murder

what is an example of when judges have presided over a criminal trial in 2020?

the murder of Sarah Everard by a serving police officer

what is an example of when judges have presided over a criminal trial in 2023?

nurse Lucy Letby was found guilty of murdering 7 babies

how is delivering sentences at the end of a trial if the accused person is found guilty a key function of judges?

judges do not decide on guilt or innocence, if the person is dangerous it may be imprisonment, but if they are not it could be community service

what is an example of when judges have delivered sentences at the end of a trial if the accused person is found guilty by a jury?

the 2023 jailing for life of Thomas Cashman who murdered Olivia Pratt-Korbell in Liverpool in the course of a drugs feud, meaning he must serve a minimum of 42 years

how is settling disputes between individuals a key function of judges?

they apply civil law in cases such as defamation of character, the more famous the person is the more damage that can be done to their reputation by those who libel them

what is an example of when judges have settled disputes between individuals?

in 2020 Johnny Depp sued the Sun newspaper for writing that he was a wife-beater, though lost as judges found 12 of the 14 alleged incidents of abuse against Heard happened

how is upholding the will of the legislature a key function of judges?

they apply the law as written in acts of parliament and so are guardians of the law, they apply it without fear of consequences

what is an example of when judges have upheld the will of the legislature?

their refusal to accept assisted suicide as they repeatedly state the existing 1961 suicide act is clear on the matter, despite a succession of appeals to the high court

how is responsibility for judicial review a key function of judges?

they adjust existing laws to ensure they are coherent and comply with the ideals of the constitution, many checking the government has not acted ultra vires

what is an example of when judges have shown responsibility for judicial review?

campaigners opposed to HS2 secured a judicial review by showing the government had not properly consulted the public on compensation schemes

what is an example of when judges have chaired inquiries?

an inquiry by a retired court of appeal judge into government handling of the pandemic in 2022

how have judges and courts developed in the 21st century?

they have become busier and been scrutinised more from both politicians and the media

how have individuals created more work for the judiciary?

a culture of litigation has developed in which citizens might sue for compensation for injury at work, traffic accidents, or failed medical treatment, allowed under the HRA 1998

how many cases were brought by individuals against local government councils in 2018?

3597, but only 184 claims were allowed to proceed by the courts