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The Judiciary - Coggle Diagram
The Judiciary
Criticism
Right wing bias
Lack of independence
Immune to litigation- Sirrios v Moore
Security of tenure
Lord Chancellor (political appointee)
Supremacy of Parliament
Non-judicial work i.e. public inquiries
Lack of specialisation
Roles
To uphold the rule of law by applying the law into cases
To control the executives' power
Procedures
Termination
Dismissal
Act of Settlement 1700
On petition on both houses of Parliament
Very rare
Resignation
Disciplinary action
Retirement or removal due to infirmity
Appointment
Old procedure
Lord Chancellor advises the PM, who advises the Queen
Criticism
Political
Secretive (not transparent)
discriminatory
Secrets Soundings
New procedure (Under the Constitutional Reform Act 2005)
Others
Criteria
Merit
Good character
5-7 years of qualification; no need for court audience
Assessment procedure
Role play
Written exam
Interview
Judicial Appointments Committee (JAC)
6 lay members
5 judicial members
12 open applicants
3 shortlisted persons by Judges Council
2 professional members
1 tribunal judge
1 non-legally qualified judicial member
Supreme Court
Temporary committee of at least 5 members
Lay person(s)
England JAC
Supreme Court judge
Scotland JAC
Northern Ireland JAC
Court of Appeal
JAC advises PM, who advices the Queen
Structure
Hierarchy
108 High Court judges
Circuit and district judges
38 Lord Justices of Appeal
Recorders
12 Supreme Court judges
Leadership
Master of the Rolls (Civil Division of CA)
A chosen judge (Criminal Division of CA)
Lord Chief Justice (overall)
Reform
More training in IT
Sabbaticals to study other practices