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Judges and Civil Liberties
Flashcards on the UK judiciary
18
Political Studies
12th Grade
05/09/2012

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Cards

Term
Criminal Law
Definition
Crimes by an individual or group against the state.
Term
Civil Law
Definition
Cases brought by individuals against other individuals. Generally involve contracts, wills, compensation, etc.
Term
Supreme Court
Definition

Highest court of appeals in the UK.

12 supreme court judges.

Clarify the meaning of the law.

Judicial review.

Set legal precedence.

E.g. Julian Assange extradition case.

 

Term
Court of Appeal
Definition

hear appeals from Crown / County courts.

Set legal precedence.

E.g. 1991 Rosemary West's unsuccessful appeal against her imprisonment for multiple murder charges.

Term
High Court
Definition

Hear high profile cases.

E.g. Max Mosely's successful attempt to clear his name from NotW "Nazi sex orgy" allegations.

Term
Crown / County Courts
Definition

Lowest level of the judiciary (magistrates aren't technically judges).

Crown generally hear criminal cases and County generally hear civil cases.

E.g. Harry redknapp's tax evasion trial, 2012.

Term
Judicial Review
Definition

The process by which judges review the actions of public officials or public bodies in order to determine whether they have acted in a manner that is lawful.

HRA (1998) has seen an increase in the scope and nature of review in the UK.

Term
Common Law
Definition
Law created by legal precedence.
Term
Rule of Law
Definition

No one can be punished without trial.

No one is above the law and all are subject to the same justice.

The general principles of the constitution result from judges' decisions, rather than parliamentary statute.

Term
Security of tenure
Definition
Judges have an open contract up to the age of 75.
Term
Consolidated Fund
Definition
Fund used by the government to pay judges' wages.
Term
Politicisation
Definition
A process by which supposed independent bodies are influenced by party politics.
Term
Senior juidiciary
Definition

Justices of the Supreme Court;

heads of divisions;

Lords Justices of Appeal;

High Court judges;

Deputy High Court judges

Term
Ultra vires
Definition
The term given when a judicial review decides that parliament has over-stepped its powers when creating a statute law.
Term
Statute Law
Definition
Law created by Parliament.
Term
Civil Liberties
Definition

Fundamental freedoms that all citizens should enjoy.

They should be respected and ensured by the government.

Term
European Convention on Human Rights (1950)
Definition

The ECHR was a European Bill of Rights.

Separate from the EU.

ECHR is based in Strasbourg.

Entrenched law - used as a basis for judicial review.

Less relevent since HRA (1998).

 

Term
Negative Rights
Definition
The theory that in the UK we are ruled by what we cannot do, rather than what we are actively allowed to do (as in France and the USA as a result of their codified constitutions).
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