Judiciary

Constitutional reform act 2005

Supreme Court judges appointed by JAC instead of lord chancellor. Chancellor can reject first choice but not second

Private School statistics —> representation

75% Vs 7%

Oxbridge statistics —> representation

92% Vs 1%

Ethnic minority statistics —> representation

0% Vs 14%

female statistics —> representation

2 women Vs 51%

key functions

Final court of appeal, Interpret and apply law, make law from judgement

Rule of Law

justice is gaurenteed to all. Nobody can be punished without trial, law applies equally to everyone, constitution results from judges decisions not parliament

Judicial independence

independent form parliament (Reform act 2005)

Judicial impartiality

judges make ruling based off of the law not personal opinions. neutral

How is judicial independence maintained?

tenure, guaranteed salary, sub-justice rule (media cannot influence judges decisions), separation of powers, appointment, expertise

how have judges become politicised?

Human rights act > parliament, EU law, relocation of SC, politicians criticising SC

powers of SC

common law, judicial review, ultra vires, factortame

importance of judicial review

check power of public bodies, ultra vires

has the SC increased judicial review?

growth of judicial activism since separation of power. 2011 11,000 applications for judicial review

examples of judicial review

2013 Jeremy hunt, court ruled he could not implement cuts to lewisham hospital, Miller cases

European committees act

EU law outrages Uk law BUT not after Brexit BUT still in ECHR

examples of HRA or ECHR acts

polic storage of personal data 2015, cannot hold data indefinitely, prisoner voting 2005, prisons should be able to vote BUT did not get implemented