L.7 UK Judiciary Overview

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Questions and Answers

What is one of the primary roles of the Judiciary in the UK?

Adjudicating conflicts between individuals (correct)

Conducting elections

Enforcing political decisions

Making laws exclusively without interpretation

Which Constitutional Act formalized the functions of the Judicial Appointments Commission?

Constitutional Reform Act 2005 (correct)

Judicial Review Act 2005

Judicial Powers Act 2005

Constitutional Functions Act 2005

What must the Judicial Appointments Commission prioritize when selecting candidates for judicial positions?

Merit and integrity (correct)

Political affiliation

Experience in public advocacy

Availability of judges in local areas

In how many court systems does the UK's judiciary operate?

Three Signup and view all the answers

What is a key function of the Supreme Court established in 2009?

Hearing cases relating to devolution Signup and view all the answers

Who must the Judicial Appointments Commission consult before selecting Supreme Court members?

The Lord Chancellor and senior judges Signup and view all the answers

What happens if the Lord Chancellor rejects a nomination from the Judicial Appointments Commission?

The commission must choose a new candidate Signup and view all the answers

What kind of conflicts does the Judiciary primarily adjudicate?

Conflicts involving state institutions and individuals Signup and view all the answers

What is the primary function of the Prime Minister concerning judicial appointments as outlined in Sec. 26 (3) CRA 2005?

To recommend persons as notified by the Judicial Appointments Commission (JAC) Signup and view all the answers

According to the Act of Settlement 1701, under what condition can a judge be removed from office?

By the Crown on the advice of both Houses of Parliament Signup and view all the answers

What significant change occurred regarding the Lord Chancellor's role with the introduction of the CRA 2005?

The Lord Chancellor is no longer the head of the judiciary Signup and view all the answers

Which of the following best describes the independence of judges in terms of their immunity from suit?

Judges are not liable to legal action if acting in their jurisdiction Signup and view all the answers

In R (Anderson) v Home Secretary, what aspect of the law was determined to be incompatible with Article 6(1) ECHR?

The Home Secretary's authority to set minimum sentences Signup and view all the answers

What protection did the Senior Court Act 1981 provide for judges?

Judges hold office during good behaviour with removal on Crown’s advice Signup and view all the answers

Which of the following roles does the Attorney General fulfill?

Government's special legal adviser and responsible for the criminal judicial system Signup and view all the answers

What requirement must a Lord Chancellor meet according to Sec. 2 (2) CRA 2005?

Must have practical experience in law or Parliament Signup and view all the answers

What constitutional convention was associated with the Lord Chancellor before the CRA 2005?

The Lord Chancellor was the head of the judiciary and had judicial powers Signup and view all the answers

Which article of the ECHR relates to a fair trial by an independent tribunal?

Article 6 Signup and view all the answers

What is one of the key statutory duties of the Judicial Appointments Commission under the CRA 2005?

Select candidates solely on merit Signup and view all the answers

Which court system is part of the UK's judiciary?

England and Wales Signup and view all the answers

What must the Lord Chancellor do upon receiving nominations from the Judicial Appointments Commission?

Accept, reject, or request reconsideration Signup and view all the answers

When was the Supreme Court established as the highest court in the UK?

2009 Signup and view all the answers

What is one of the roles of the European Court of Human Rights?

Resolve individual cases against states Signup and view all the answers

What principle concerning diversity does the Judicial Appointments Commission emphasize?

Diversity in the range of persons available for selection Signup and view all the answers

How does the Supreme Court's jurisdiction differ from that of the House of Lords?

It has assumed the appellate functions previously held by the House of Lords Signup and view all the answers

What is one of the ways the Judiciary aids in constitutional functions?

By interpreting legislation and constitutional sources Signup and view all the answers

What is the primary change in the role of the Prime Minister regarding judicial appointments as established by Sec. 26 (3) CRA 2005?

The Prime Minister must recommend candidates as notified by the Judicial Appointments Commission. Signup and view all the answers

What constitutional document provides for the removal of judges based on good behavior?

Act of Settlement 1701 Signup and view all the answers

Which statement best describes the Lord Chancellor's role post-CRA 2005?

The Lord Chancellor is not the head of the judiciary anymore. Signup and view all the answers

What is one major function of the Attorney General?

To act as the government's special legal adviser. Signup and view all the answers

What principle is emphasized by Lord Denning in Sirros v Moore regarding judicial immunity?

Judges should perform their duties without fear of legal action when acting in belief of their jurisdiction. Signup and view all the answers

Under Article 6(1) ECHR, what aspect must a tribunal fulfill to ensure a fair trial?

It must be established by law and independent. Signup and view all the answers

In the context of R (Anderson) v Home Secretary, which party was determined not to be an independent tribunal as per Article 6(1)?

The Home Secretary Signup and view all the answers

What does the Crown Proceedings Act 1947 guarantee for judges?

Immunity from personal liability when acting within their jurisdiction. Signup and view all the answers

What is the new qualification requirement for the appointment of the Lord Chancellor as per Sec. 2 (2) CRA 2005?

Must have prior experience in legal practice. Signup and view all the answers

Study Notes

UK Judiciary - Overview

Three court systems operate in the UK: England and Wales, Scotland, and Northern Ireland.
The Supreme Court is the UK's final court of appeal.
Courts adjudicate disputes between state institutions, the state and individuals, and individuals.
Courts apply, interpret, and identify constitutional sources (e.g., prerogative powers), and create common law.
The Supreme Court's jurisdiction as the final court of appeal in the UK was reaffirmed in 2010.

Constitutional Functions

Courts settle disputes between the government and individuals (e.g., judicial review) and between government bodies.
They handle private disputes under civil law.
They enforce and interpret legislation, including the Human Rights Act 1998.
They determine the existence of prerogative powers, applying legislation and identifying constitutional sources.

Judicial Appointments

The Judicial Appointments Commission (JAC) selects Supreme Court judges and recommends appointments to the Lord Chancellor. It also selects other judges and tribunal members.
The JAC selects candidates based on merit, good character, and promotes diversity.
Consultation with the Lord Chancellor, senior judges, and senior ministers (Scotland, Wales, and Northern Ireland) is mandatory.
The JAC’s key duties under the Constitutional Reform Act 2005 include: selecting candidates based on merit, good character, and encouraging diversity.
The Lord Chancellor can accept, reject, or request reconsideration of JAC nominations.
If a candidate is rejected, the JAC cannot select them again.

Supreme Court

Established in 2009, it replaced the House of Lords' appellate function and took over the Privy Council's devolution jurisdiction.
The Supreme Court's composition significantly reduces the Prime Minister's role in appointments.
Existing Law Lords and Justices became Supreme Court members.
The Senior Law Lord serves as President of the Supreme Court.

Independence of the Judiciary

Judges hold office during good behavior. Removal is possible by the Crown, advised by Parliament (Senior Courts Act 1981).
The Act of Settlement 1701 safeguards judicial tenure and salary, and judges are immune from suit in the UK (Crown Proceedings Act 1947).
In the Anderson case, the Home Secretary's role in fixing minimum sentences was part of a trial, so was meant to be undertaken by an independent tribunal (under Article 6 of the ECHR).

Impact of Constitutional Reform Act 2005

The Lord Chancellor's role has changed significantly: they are no longer the head of the judiciary (now held by the Lord Chief Justice), are not automatic speakers of the House of Lords, must demonstrate relevant experience as a minister, practitioner, teacher, etc., and are a member of the Cabinet (House of Commons).
Qualifications for the Lord Chancellor under the CRA 2005 include experience as a minister, in either House of Parliament, a practitioner, a law teacher, or other relevant experience.

Attorney General

The Attorney General advises the government legally and manages the criminal justice system.
They have powers to halt criminal proceedings (e.g., under the Bribery Act 2006).
The Attorney General serves as both a minister and a legal advisor to the Crown.

European Court of Human Rights (ECtHR)

Individuals can bring cases against a state to the ECtHR.
States can also be involved in cases, but domestic remedies must be exhausted first.

Case Study: R (Anderson) v Home Secretary

The case illustrates the application of Article 6 of the European Convention on Human Rights, concerning fair trials.
Anderson, convicted of double murder and sentenced to a minimum of 15 years' imprisonment, sought judicial review of the Home Secretary's increase of his minimum term to 20 years, arguing this was a breach of Article 6(1).
The Home Secretary's decision to set a minimum term isn't independent enough for a valid trial under Article 6(1). The fixing of a tariff was indistinguishable from imposing a sentence.

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Description

Explore the structure and functions of the UK judiciary system. This quiz covers the different court systems, judicial appointments, and the role of courts in resolving disputes and interpreting legislation. Test your knowledge on key concepts related to UK law.