Judges and judiciary UK
Judges and the Judiciary
Identify and explain the 5 key roles of Judges
Explain the Rule of Law
Assess the extent to which judges are independent and neutral.
The role of Judges:
They do not just interpret and apply the law. They do wider activities that branch into other parts of government.
Preside over court proceedings: ensure a fair trial act like a referee/umpire makes sure the rules of the court are followed by both sides act as a source of knowledge - giving advice to juries on interpreting the law – they are experts on the law.
Interpret and apply the law:
Interpret statute law laid down by Parliament.
Interpret it to certain extents.
Can lead to conflicting interpretations by ministers and judges.
‘Make’ law in certain cases:
Judges interpret statute law which is made by parliament.
They make law (‘common’ law) which is built upon from previous judges in previous cases.
Decide sentencing in criminal cases:
This power has been reduced in recent years with the introduction of minimum or mandatory sentences.
Some say this is one way politicians encroach on the role of the Judiciary
Chair public inquiries and commissions:
Used for this purpose as they are independent and impartial
Public inquiries are held like a court and may have quasi-judicial character
Criticised for being too close to Parliament - some say ministers and politicians may influence them and undermine their impartiality.
Examples: Lord Leveson (phone hacking) / McPherson report (SL)
The Rule of Law:
What is it? The principle that the law should apply equally to all – rulers and the ruled alike. John Locke (17c.) “Wherever law ends, tyranny begins”
Examples of where the rule of law has not appeared to apply:
Sub-principles:
‘No-one is above the law’:
However concerns surrounding these points:
Powers of the PM and other ministers are not subject to judicial oversight, so they are above the law.
Parliament is sovereign meaning it
Identify and explain the 5 key roles of Judges
Explain the Rule of Law
Assess the extent to which judges are independent and neutral.
The role of Judges:
They do not just interpret and apply the law. They do wider activities that branch into other parts of government.
Preside over court proceedings: ensure a fair trial act like a referee/umpire makes sure the rules of the court are followed by both sides act as a source of knowledge - giving advice to juries on interpreting the law – they are experts on the law.
Interpret and apply the law:
Interpret statute law laid down by Parliament.
Interpret it to certain extents.
Can lead to conflicting interpretations by ministers and judges.
‘Make’ law in certain cases:
Judges interpret statute law which is made by parliament.
They make law (‘common’ law) which is built upon from previous judges in previous cases.
Decide sentencing in criminal cases:
This power has been reduced in recent years with the introduction of minimum or mandatory sentences.
Some say this is one way politicians encroach on the role of the Judiciary
Chair public inquiries and commissions:
Used for this purpose as they are independent and impartial
Public inquiries are held like a court and may have quasi-judicial character
Criticised for being too close to Parliament - some say ministers and politicians may influence them and undermine their impartiality.
Examples: Lord Leveson (phone hacking) / McPherson report (SL)
The Rule of Law:
What is it? The principle that the law should apply equally to all – rulers and the ruled alike. John Locke (17c.) “Wherever law ends, tyranny begins”
Examples of where the rule of law has not appeared to apply:
Sub-principles:
‘No-one is above the law’:
However concerns surrounding these points:
Powers of the PM and other ministers are not subject to judicial oversight, so they are above the law.
Parliament is sovereign meaning it