A Level Revision Notes: Judiciary - An Introduction to the Judiciary & The Supreme Court

Make Up Of The Supreme Court:

Justice & Position	Birth Date	School Type & Name Of Uni
Lady Hale President Of The Supreme Court	31/01/45	Independent, Cambridge
Lord Mance Deputy President Of The Supreme Court	6/01/43	Independent, Oxford
Lord Kerr Of Tonaghmore Justice Of The Supreme Court	22/02/48	State Grammar, Queen’s University, Belfast
Lord Wilson Of Culworth Justice Of The Supreme Court	09/05/45	Independent, Oxford
Lord Sumption Justice Of The Supreme Court	09/12/48	Independent, Oxford
Lord Reed Justice Of The Supreme Court	07/19/56	Independent, Oxford
Lord Carnwarth Of Notting Hill Justice Of The Supreme Court	15/03/45	Independent, Cambridge
Lord Hughes of Ombersley Justice Of The Supreme Court	11/08/48	Independent, Durham
Lord Hodge Justice Of The Supreme Court	19/05/53	Independent, Cambridge
Lady Black Justice Of The Supreme Court	01/06/54	Independent, Durham
Lord Lloyd-Jones Justice Of The Supreme Court	31/01/52	Independent, Cambridge
Lord Briggs Justice Of The Supreme Court	23/12/54	Independent, Oxford

Explain The Jogee Case And What Was It’s Significance:

Paul was stabbed by Hrisi, Jogee was with Paul when he was called. Jogee went to prison even though he didn’t pull the trigger – he was just present at the scene when it happened.
It was significant because a new precedent had been set, another case that had walked free after a judge ruled that they are no longer had any case to answer.
Some argued that the Supreme Court had in effect changed the law rather than applying it.

What Is The Supreme Court In Terms Of The UK:

The highest court of appeal in the UK, from Scotland, Wales, Ireland and England.
To clarify the meaning of the law by hearing appeals in cases where there is uncertainty.

Concerns From The Supreme Court Under CRA 2005:

Separation of power in the upper chamber of the legislature
How law lords were appointed
Confusion over the work of law lords especially to be able to distinguish between the HOL and the legislature and judicial functions

What Did The CRA (Constitutional Reform Act) 2005 Do:

Reduced the role of Lord Chancellor and placed senior judicial appointments into the hands of the new independent Judicial Appointments Commission
Wanted to enhance the separation of powers
To create a judiciary that was more representative.

How Are Supreme Court Justices Appointed:

Traditionally appointed by the Monarch on advice of the PM and Lord Chancellor
Lord Chancellor would consult senior judges through a process known as ‘secret surroundings’
This system lacked transparency, undermined the separation of powers and meant that the judiciary was from a narrow social circle.
From Oct 2009, law lords were banned from sitting and voting in the Upper Chamber under the CRA, they were also not appointed to the peerage.
In order to be considered, candidates must hold high judicial office for at least 2 years
Vacancies are filled by an ad hoc selection, the CRA states that there should be 5 members: President, Deputy, JAC, Scotland and NI.
Ministers are used but input from them has been greatly reduced as they are told not to keep on rejecting names

Composition Of The Supreme Court:

Hard to expect it to be socially representative due to the means of which you get the job and the importance of the role
This means that there have been cases where the court is called elitist.
This has not been dispelled by the recent appointments to the court

Key Doctrines & Principles:

Dicy’s Strands Of The Rule Of Law:

No One Can Be Punished Without Trial: A good theory but not always used e.g with terrorists this is not used including indefinite detention and the freezing of assets
No One Is Above The Law and all are subject to the same justice: This is true in a liberal democracy but in the UK there are people above the law such as the Queen and MPs. Some MPs have tried to use Parliamentary Privilege to cover the 2009 expenses scandal.
Principles of The Constitution Result From Judges Decisions Rather Than Parliamentary Statute: Judges have a role to play in the constitution but statute law reigns supreme. A legal precedent can be overturned by an act of Parliament.

Distinguish Between Judicial Independence And Judicial Neutrality:

Rule of la states that judges should operate with independence and be neutral
Independence is under threat from neutrality because judges are compromised if they are subject to extreme control.
Independence does not mean neutrality as personal views may influence justice is given

Judicial Independence	Judicial Neutrality
Principle that judiciary should be free from political control	Where judges operate without bias in their administration of justice
This allows judges to ‘do the right thing’ and apply justice properly without fear of consequences	An essential requirement by the rule of law

How Is Judicial Independence Maintained:

Security Of Tenure Enjoyed By Judges: Judges are appointed by an open-end term but they must retire once they are 75. Politicians cannot seek to bring down a judge by threatening to sack them. Can be removed by impeachment but this requires a vote in both houses.
Guaranteed Salaries Paid From Consolidated Fund: Salaries are classed as ‘standing services’ and are always paid so politicians are unable to manipulate judges by controlling them over a salary.
Independent Appointment System: CRA meant that JAC was made (Judicial Appointment Commission). Brought transparency and addressed concerns that the system in place was open to bais.
Training And Experience Of Senior Judges: Senior judges start on an apprenticeship, they have achieved status in doing this. Unlikely to deter public opinions so they don’t compromise invite integrity.

How Is Judicial Neutrality Guaranteed:

Impossible since judges are human and will follow personal bias sometimes
Relative Anonymity Of Senior Judges: Judges operate away from the public eye, rarely speaking out on the issues of the law. Still expected to avoid being drawn into the open defence of there ruling.
Restriction On Political activity Judges are not meant to be campaigning on behalf of a party, they still vote but their political views do not become a record for the public
Legal Justifications Of Judgements: Senior judges are expected to state how they have reached their outcomes. Requirements mean that personal bias is less likely to be used.
High Level Of Training: It is a highly trained job with many working there a way to the top so bias should be removed. Still, have to remove bias, training can be given to allow this to happen. Some judges are told to sit out whilst there performance is managed.