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4 Cards in this Set

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Role of Judges

How should judges interpret the law?


-The judiciary should be independent from the legislator/executive.


-Judges should not be influenced, they should uphold the rule of law.


-They should not make the law- a threat to democracy as they are unelected.


-Instead they should interpret it as it was intended to be (using legal logic)



ECHR:


Art 6(1)- right to fair trial by an INDEPENDENT and IMPARTIAL tribunal established by law.


-This guarantees equal justice for all.

Appointment

1) House of Commons


-By the crown. (In practice PM on the advice of the Lord Advocate). Must be either:


a)a holder of judicial office for two years.


b)an advocate of law for at least 15 years.



2) UK Supreme Court



-Supreme court formed in 2005, started work in 2009. IT assumed the judicial functions of the HofL.



-Previously Lord Chancellor would choose after consultation w/ House of Lords- the risk of cloning


*No transparency


*Tap on the shoulder rather than open application


*Equal Opportunities Problem



REFORM:


-Election v. Appointment


-Political Appointment v. Appointment on merit


-A Judicial Appointments Board/Commission


-The appointment process is a selection commission is formed when a vacancy arises (3-5peeps, 1 lay and 1 justice)


-Applying for the job is like a normal job- Open advertisement, job description/competencies, References not Soundings, Interviews, Slate recommendation.



-They suggest a name to the Lord Chancellor- who passes it on to the PM (if Lord Chancellor deems the name appropriate) who passes the name onto the Queen who issues letters patent.


-PM is required by constitutional reforms act to say the name suggested to him.



-What are the flaws of this system?



-It is also convention that 2 are experts in Scots law & 1 and expert in N.I. law.



3) Court of Session:

Training

x

Disqualification

ECHR: Art 6(1):


Right to a fair trial by an independent & impartial tribunal established by law.