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4 Cards in this Set
- Front
- Back
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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. |
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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: |
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Training |
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Disqualification |
ECHR: Art 6(1): Right to a fair trial by an independent & impartial tribunal established by law. |
