Public Law I - Role of the Judiciary

Study Notes

The judiciary is one of the three branches of the state, alongside the legislature and executive.
Its role involves resolving legal disputes by applying the law.
The UK legal system has a complicated structure due to the three different legal systems (England and Wales, Scotland, Northern Ireland) which, in turn, have their own judicial systems.
The various legal jurisdictions include criminal, civil, and administrative.
A hierarchical structure exists within the judiciary.

Understanding the roles of the judiciary is a key objective.
Evaluating the judiciary's law-making power against the doctrine of separation of powers is also an important goal.

The UK Supreme Court sits at the apex of the UK's court system.
It's a final court of appeal for most courts, except in cases originating from the High Court of Justiciary in Scotland.
It acts as the final arbiter on disputes arising from devolution arrangements.

The judiciary adjudicates disputes among parties, which can be civil, criminal, or administrative.
The judiciary acts as a legal guarantee, stepping in when other mechanisms fail to uphold legal rights.
The judiciary possesses the state's coercive power to ensure compliance with legal judgments.
Courts can imprison parties who refuse to comply with court judgments.
The judiciary plays a key part in the checks and balances of the separation of powers doctrine.

Decisions from higher courts influence lower courts.
Judicial interpretation changes the practical meaning of laws.
Judicial interpretation of statutes can change people's conduct and understanding of the law.

Legislation might lack clarity in its meaning.
"Core cases" contrast with "penumbra cases", highlighting how judges interpret law's meaning.
Judges decide on instances (like vehicles) which fall outside strict definitions, influencing the practical application of the law.
The courts aim to interpret laws to align with other legal principles such as the rule of law.
They also try to make legislation compatible with the Human Rights Act 1998.

Judicial law-making isn't fully compatible with a strict separation of powers.
Judicial law-making powers have to be limited.
Courts must interpret legislation within the bounds of the written word to keep the legal system aligned with parliamentary supremacy and avoid judicial overreach.
Common law can be overridden by statute law.