Week 16 Public: Introducing the Judiciary

How many jurisdictions are there in the UK?

Three territorial jurisdictions: England & Wales, Scotland, and Northern Ireland.

Who heads the judiciary in England and Wales?

The Lord Chief Justice of England & Wales.

How many jurisdictions are there in the UK?

Three territorial jurisdictions: England & Wales, Scotland, and Northern Ireland.

Who heads the judiciary in England and Wales?

The Lord Chief Justice of England & Wales.

Who heads the judiciary in Scotland?

The Lord President of the Court of Session.

Who heads the judiciary in Northern Ireland?

The Lord Chief Justice of Northern Ireland.

Does Wales have a separate court system?

No, Wales does not have its own court system yet.

What is the top court in the UK?

The UK Supreme Court.

When was the UK Supreme Court established?

Created by the Constitutional Reform Act 2005, operational from 1 October 2009.

How many judges sit in the UK Supreme Court?

12 judges.

Name three types of senior judiciary roles.

Lord Chief Justice, Master of the Rolls, Lord Justices of Appeal.

Approximate number of Circuit Judges?

About 635.

Approximate number of District Judges?

Over 400

Approximate number of Recorders?

Over 900

Approximate number of Magistrates?

Over 12,500

Approximate number of Tribunal chairs/members?

Over 2,000.

What percentage of all court judges are women?

38%

What percentage of High Court judges are women?

30%

What percentage of all court judges are from ethnic minorities?

11%

What percentage of High Court judges are from ethnic minorities?

8%

Why does judicial diversity matter?

Judges hold considerable power and make impactful decisions, so diversity fosters trust and legitimacy.

List three powers judges exercise.

Interpret legislation, invalidate government actions, impose criminal penalties.

Why is public trust in the judiciary important?

To ensure decisions are respected and the rule of law is upheld.

From whom must judges be independent?

Executive, legislature, and parties to a case.

What are the two types of judicial independence?

Institutional independence and individual independence.

Before the CRA 2005, who was head of the judiciary?

The Lord Chancellor

What did the CRA 2005 change?

Created the Supreme Court, reformed appointments, and reduced the Lord Chancellor’s powers.

Who selects judges in England and Wales?

The Judicial Appointments Commission (JAC).

On what basis must judges be selected?

Solely on merit, with regard to diversity.

Who formally appoints High Court judges?

The Monarch, on recommendation

What is the 'tipping provision'?

If two candidates are equally meritorious, preference can be given to improve diversity.

Who appoints Supreme Court Justices?

The Monarch, based on PM's recommendation.

What qualifications must a Supreme Court Justice have?

2 years of judicial office or 15 years of legal practice.

How does US Supreme Court appointment differ?

US Justices are nominated by the President and confirmed by the Senate.

How can senior judges be removed?

By an address from both Houses of Parliament.

At what age must judges retire?

75 years old (since 2022).

How are judges held accountable?

Through reasoned judgments, appeals, public hearings, and academic/legal criticism.

Should judges be accountable like politicians?

Controversial; independence might be threatened by too much political accountability.

Should Parliament hold pre-appointment hearings for judges?

Debate exists; concerns about independence vs. transparency.

Why are some against pre-appointment hearings?

Could deter candidates, politicize judiciary, and undermine confidence.

What was the media reaction after Miller I (Brexit case)?

Judges were called "enemies of the people" by the Daily Mail.

Why is careful media criticism important?

To protect judicial independence without stifling free speech.

What happened in the Pinochet Case (1999)?

Lord Hoffmann disqualified due to Amnesty International involvement.

What principle did Pinochet establish?

Automatic disqualification if a judge has a financial or strong personal interest.

What was decided in Helow v Secretary of State (2008)?

No automatic disqualification; judges are trusted to remain impartial.