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The Judiciary (Judicial Review (outcomes (injunction (court issues an…
The Judiciary
Judicial Review
courts can nullify illegal actions by gov officals
ultra virus - beyond powers
violated HRAS
happens in supreme/ court of appeal / high court
decision form part of common law
increase in use
16,449 - 2013, 92% 2010
outcomes
injunction
court issues an order to body in question on behaviour
quashing order
original decision over turned
mandatory order
requires public sector body to do something
damages
usually compensation
The ministry of justice
created in 2007
responsibilities
sentencing guidelines
probation and prison services
prevention of re-offending
headed by lord chancellor - secretary of state for justice
Elizabeth Truss
Home secretary has responsibility for police and crime
Amber Rudd
Judicial Powers UK
cant strike down a law
due to parliament sovereignty
interpreting constitution limited due to uncodified
can set judicial precedents
no act of parliament covering an area of law
rules that future judges have to follow
can carry out judicial review
can make declarations of incompatibility with HRA
UK court system
system divided into civil and criminal law
civil
between one person (claimant) and another individual (defendant when they are having a dispute
criminal
between state (prosecution) and another individual (defendant)
Judicial appointments
before reform 2005
made by queen, advice by lord chancellor and pm
secret soundings
roles at lower levels advertised
lord chancellor could still appoint anyone
lack of transparency
after 2005
judicial appointments commission created
judges appointed independently
selection committee
president of supreme court plus another senior judge
3 members of Judicial Appointment Commission
supreme court appointment
founding justices
active law lords 2009
all members of HOL restricted from sitting and voting
constitutional reform act
new supreme court judges not automatically given life peerages
qualifying requirement
2 years in judicial office or 15 years as qualifying practitioner
lord chancellor no longer repeatable rejected recommendations
role of the judiciary
judges have several roles
preside over criminal trials
deliver sentences
resolves civil disputes
uphold the will of parliament by interpreting laws in the courts
judicial review of the government
chair enquires
Hutton Inquiry 2003 (irap war/David kelly
role is widening
more legislation on which to adjudicate
more emphasis on rights of citizens e.g HRA 1998
litigation culture
politicians unwilling to deal with sensitive issues