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4 Cards in this Set

  • Front
  • Back

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)


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

-This guarantees equal justice for all.


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


-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:




ECHR: Art 6(1):

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