Judiciary & Civil Liberties

Unit 2: Governing the UK Revision

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Judicial system in the UK• House of Lords- the 12 most senior judges in the

country- major issues on human rights and judicial review. Major problems over actual meaning of law. settling disputes over conflict with EU and British law

• Appeal court- very senior judges- disputes from lower courts over the accurate meaning of the law. dealing with appeals over human rights

• High courts- senior judges- dealing with cases where citizens or organisations have a dispute with some part or agency of government


Political role of the judiciaryDispensing justice – everyone is treated equally under the law and a fair decision is madeInterpretation – judges need to decide what the law actually means when there is a disputeCreating case law - in specific circumstances judges make rulings that will also apply in similar cases.Declaring common law – if there is no common law/ parliamentary statue judges decide on what to do. This then becomes common lawJudicial review –if citizens or organisations have disputes with government, usually rights being broken exceeding power or been treated unfairlyPublic inquiries – judges are called upon to look into matters of public concern. External jurisdiction – who has power over certain issues, devolved areas/EU or Westminster.Sentencing issues - there’s minimum sentences for certain crimes, that judges must stick too.


Limitations principles and safeguards

• Sovereignty of parliament – if courts believe an act goes against the law they still have to enforce it

• The rule of law – all citizens are equal and must be given a fair trial, if the courts do not do this a case can be appealed against

• Judicial precedent – if a judge creates new common or case law all other judges must then use this law unless they are off a higher court

• The primacy of EU law- British courts must enforce it


Independence of the judiciary

• If judges are not independent government will exceed their power as no checks are kept

• Citizens must feel that they will be treated equally in the eyes of the law and will not be discriminated against by the government

• Judges should be selected independent from the government to ensure neutrality


How is independence maintained • Security of tenure- judges

cannot be sacked or salaries reduced because of decisions they make, they’re free to make decision without fear

• Contempt of court- for a government servant to interfere or comment on a case. Stops pressure being put on government

• Appointments- PM and lord chancellor, appointment commission and parliament keeps a check

• Background – senior judges are impartial

How independence is threatened

• Indirect pressure on judges – politicians have become involved in rights and minimum sentences

• PM has veto over appointments commission as to the appointment of senior judges

• Many senior judges, 12, are also lords and therefore involved in the legislative process meaning their politic al independence cannot be guaranteed


Neutrality of the judiciary• Judges themselves being free from bias• Most judges come from a narrow social and

professional background they are usually male and upper or middle class being educated at Oxbridge, many are lords – inevitably leading to conservatism

• However recently the judiciary has become much more neutral. Giving verdicts in favour of individuals and minorities. Further backed up by human rights act. Both parties have claimed the judiciary represents the other


Threats to civil liberties• Increased police power• Limits to trade union activities- Thatcher• Increasing information held by government on

each citizen, social security police and NHS• Increasing tension between media and

government over what they could publish• Government power was growing and parliaments

power to limit that was weakening


Freedom of information and open government

• Passed in 2000 but did not come into effect till 2005 longer term process of creating a more open government

• Select committees being able to access documents• However the act became watered down and said that the

government could disclose information if they thought it was not in the publics interest

• Data protection act 1984 – allowed citizens to check what data the government had on them so that they could insure the records were correct


Human rights in the UK• Civil liberties – human rights act, common law,

other parliamentary statues• Anti discrimination – race relations act, equal

opportunities act• Employment and union rights – employment

protections act, equal pays act• Rights to welfare – welfare state legislation


The government and the judiciary

• As home secretaries have tried to impose minimum sentences judges have been imposed to this and believe it should be left to them not government

• Senior members of the judiciary have criticised the government over the introduction of anti terror legislation that infringes human rights

• Ministers have argued that judges are too politically involved and s they are not elected or accountable they should not interfere


Recent reforms to the judiciary

• Removal of lord chancellors role in all three branches, he is no longer the head of the House of Lords or a member of the cabinet.

• Introduction of secretary of state for constitutional affairs -a member that sits on the cabinet advising it what to do about the judiciary

• Supreme court introduced in 2009 replaced House of Lords as the highest court of appeal.


Judiciary & Civil Liberties

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