L.7 UK Judiciary Overview

<p>Three (D)</p> Signup and view all the answers

<p>Hearing cases relating to devolution (B)</p> Signup and view all the answers

<p>The Lord Chancellor and senior judges (A)</p> Signup and view all the answers

<p>The commission must choose a new candidate (C)</p> Signup and view all the answers

<p>Conflicts involving state institutions and individuals (D)</p> Signup and view all the answers

<p>To recommend persons as notified by the Judicial Appointments Commission (JAC) (C)</p> Signup and view all the answers

<p>By the Crown on the advice of both Houses of Parliament (C)</p> Signup and view all the answers

<p>The Lord Chancellor is no longer the head of the judiciary (D)</p> Signup and view all the answers

<p>Judges are not liable to legal action if acting in their jurisdiction (C)</p> Signup and view all the answers

<p>The Home Secretary's authority to set minimum sentences (D)</p> Signup and view all the answers

<p>Judges hold office during good behaviour with removal on Crown’s advice (C)</p> Signup and view all the answers

<p>Government's special legal adviser and responsible for the criminal judicial system (D)</p> Signup and view all the answers

<p>Must have practical experience in law or Parliament (D)</p> Signup and view all the answers

<p>The Lord Chancellor was the head of the judiciary and had judicial powers (C)</p> Signup and view all the answers

<p>Article 6 (A)</p> Signup and view all the answers

<p>Select candidates solely on merit (A)</p> Signup and view all the answers

<p>England and Wales (C)</p> Signup and view all the answers

<p>Accept, reject, or request reconsideration (C)</p> Signup and view all the answers

<p>2009 (C)</p> Signup and view all the answers

<p>Resolve individual cases against states (D)</p> Signup and view all the answers

<p>Diversity in the range of persons available for selection (A)</p> Signup and view all the answers

<p>It has assumed the appellate functions previously held by the House of Lords (B)</p> Signup and view all the answers

<p>By interpreting legislation and constitutional sources (C)</p> Signup and view all the answers

<p>The Prime Minister must recommend candidates as notified by the Judicial Appointments Commission. (C)</p> Signup and view all the answers

<p>Act of Settlement 1701 (A)</p> Signup and view all the answers

<p>The Lord Chancellor is not the head of the judiciary anymore. (D)</p> Signup and view all the answers

<p>To act as the government's special legal adviser. (D)</p> Signup and view all the answers

<p>Judges should perform their duties without fear of legal action when acting in belief of their jurisdiction. (B)</p> Signup and view all the answers

<p>It must be established by law and independent. (B)</p> Signup and view all the answers

<p>The Home Secretary (A)</p> Signup and view all the answers

<p>Immunity from personal liability when acting within their jurisdiction. (C)</p> Signup and view all the answers

<p>Must have prior experience in legal practice. (C)</p> Signup and view all the answers

The highest court in the UK, assuming the appellate functions of the House of Lords and the devolution jurisdiction of the Privy Council.

The process of selecting judges and tribunal members focusing on merit, good character, and diversity.

A legal principle that allows individuals to challenge the legality of government actions in court.

The body of law developed by judges through court decisions.

The act of interpreting legislation and other constitutional sources to determine their meaning and application.

The role of a court to resolve disputes between individuals, organizations, and the state.

A court's responsibility to ensure that laws are applied consistently and fairly.

The principle of separation of powers in the UK, where the legislative, executive, and judicial branches have distinct roles and responsibilities.

The Supreme Court is composed of existing Law Lords and Justices, with the Senior Law Lord acting as President.

The Prime Minister's role in recommending Supreme Court Justices is significantly limited. The Judicial Appointments Commission notifies the PM about potential candidates, and the PM is obligated to recommend one of them.

Judges in the UK are appointed by the Crown, based on advice from Parliament, and can only be removed for misconduct or serious incompetence.

The Act of Settlement 1701 reinforces judges' tenure, ensuring they hold office during good behavior. Removal is only possible with the consent of both Houses of Parliament.

Judges are protected from lawsuits in the performance of their duties. They are free to make judgments without fear of legal repercussions, even if they are mistaken.

Prior to the Constitutional Reform Act 2005, the Lord Chancellor was a member of the Cabinet, head of the judiciary, responsible for judicial appointments, and automatically served as speaker of the House of Lords.

The Lord Chancellor's role has been redefined. They are no longer head of the judiciary, automatic House of Lords speaker, but still a member of the Cabinet and involved in judicial appointments.

The Attorney General serves as the government's legal advisor, oversees the criminal justice system, and has the authority to halt criminal proceedings.

The Attorney General holds a dual role, serving as both a Minister of the Crown and the Crown's Chief Legal Advisor. This position is politically appointed.

The Human Rights Act incorporates the European Convention on Human Rights into UK law, including the right to a fair trial by an independent and impartial tribunal.

The highest court in the UK, replacing the House of Lords as the final court of appeal. Created in 2009 by the Constitutional Reform Act 2005.

The Judicial Appointments Commission (JAC) selects candidates for judicial positions based on merit, good character, and diversity. They recommend judges to the Prime Minister for appointment.

The process of reviewing government actions to determine whether they are lawful. This protects individuals from arbitrary or unfair state actions.

The body of law developed by judges through past court decisions. It's a key part of the UK's legal system, providing guidance for future cases.

The principle that separates the powers of the government into three branches: the legislature (makes laws), the executive (implements laws), and the judiciary (interprets laws).

The European Court of Human Rights (ECtHR) in Strasbourg ensures that states respect human rights. Individuals can appeal to the ECtHR if they believe their human rights have been violated.

The ECtHR deals with disputes between individuals and states, as well as disputes between states.

The Lord Chancellor is a member of the Cabinet and plays a key role in judicial appointments. They receive reports from the Judicial Appointments Commission (JAC) and have the power to accept, reject, or ask for further consideration of nominations.

According to the Senior Courts Act 1981, Section 11(3), judges in the UK maintain their positions as long as they conduct themselves properly. They can be removed only if the Crown, acting on the advice of Parliament, decides to do so.

The Act of Settlement 1701 emphasizes the security of judges' roles, guaranteeing their positions as long as they behave appropriately. Removal is only possible with the agreement of both the House of Lords and the House of Commons.

Judges are protected from lawsuits while performing their official duties. This allows them to make decisions without fear of legal repercussions, even if their judgments are incorrect.

The Anderson case involved a challenge to the Home Secretary's power to revise minimum prison sentences, arguing it violated the right to a fair trial by an independent and impartial tribunal. The court ruled that the Home Secretary's decision was not independent enough, as it didn't meet the requirements of Article 6(1) of the European Convention on Human Rights.