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UNIT 4 The British Judiciary

UNIT 4 The British Judiciary. Separation of powers in the British context. UK constitution (not written down in one document) – “we a k separation of powers”, rather “partial fusion of powers” Principle of Parliamentary sovereignty - Parliament cannot be controlled by judiciary

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UNIT 4 The British Judiciary

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  1. UNIT 4 The British Judiciary

  2. Separation of powers in the British context • UK constitution (not written down in one document) – “weak separation of powers”, rather “partial fusion of powers” Principle of Parliamentary sovereignty - Parliament cannot be controlled by judiciary The Monarch - a formal role in the fusion of the various arms of state • a part of the Parliament – summons and dissolves it, gives Royal Assent to all Bills so that they become Acts; • appoints all Government ministers; they govern in the name of the Crown • appoints all senior judges; all public prosecutions are brought in his or her name The Prime Minister a) By convention must be a member of the Government; can be removed from office by a simple majority vote of Parliament b) a member of the House of Commons The Judiciary – no judicial independence until the establishment of the Supreme Court of the UK in 2009

  3. Before the Constitutional Reform Act 2005 The House of Lords – the second chamber of the legislature - the highest court of appeal in the UK (Judicial Committee) Lord Chancellor (appointed by the Sovereign on the advice of the Prime Minister) - Minister of Justice (member of the Government) – appoints new judges - A senior judge and Head of Judiciary -presides over the Judicial Committee of the House of Lords - a member of the Parliament – Speaker of the House of Lords contrary to the principle of judicial independence and the separation of powers Law Lords (Lords of Appeal in Ordinary) – members of the House of Lords; - judges of the Appellate Committee as the highest court in England and Wales- the final arbiters of judicial disputes in the UK

  4. Towards greater separation – the Constitutional Reform Act 2005 • a set of reforms aimed at increasing the transparency of the system and clarifying the relationship between the three arms of the state - • came into force on 3 April 2006 A) Reforming the role of Lord Chancellor B) A new Supreme Court C) Reform of the system for judicial appointments • judges – now truly independent - judicial independence is now officially enshrined in law • changed dramatically the Lord Chancellor’s role - removed the judicial functions from the office of the Lord Chancellor • the real differences - the way judges are appointed and the way complaints are dealt with

  5. After the Constitutional Reform Act 2005 A) The Lord Chancellor • Minister of Justice (member of the Cabinet) • Member of the Parliament • no longer the Speaker of the House of Lords • no longer appoints judges • judicial functions transferred to the President of the Courts of England and Wales (the Lord Chief Justice of England and Wales) B) The Lord Chief Justice of England and Wales - head of the judiciary of England and Wales - responsible for the training, guidance and deployment of judges and represents the views of the judiciary of England and Wales to Parliament and ministers

  6. After the Constitutional Reform Act 2005 C) Supreme Court of the United Kingdom • established in October 2009 • replaced the Appellate Committee of the House of Lords • independent, separate from the House of Lords and with its own independent appointments system, staff, budget and, its own building - Law Lords in office became Justices of the Supreme Court and lost their right to speak and vote in the House of Lords until their retirement as Justices of the new court D) Judicial Appointments Commission (JAC) - responsible for selecting candidates to recommend for judicial appointment to the Secretary of State for Justice (MERIT remains the sole criterion for appointment)

  7. The Judiciary – Types of judges I Superior judges Justices of the Supreme Court – sit in the Supreme Court Lords Justices of Appeal – sit in the Court of Appeal High Court judges – sit in the three divisions of the High Court Puisne judges – sit in the High Court II Inferior judges • Circuit judges – sit in both the Crown Court and the County Court (barristers of at least ten years’ standing) • Recorders – part-time judges sitting usually in the Crown Court (barristers of at least ten years’ standing) • District judges – legally trained and paid judges of the Magistrates’ Courts (previously known as stipendiary magistrates; barristers of at least 7-years’ standing) • Justices of the Peace JPs – lay magistrates of the Magistrates’ Courts (without legal training and unpaid)

  8. The British Judiciary – Reading comprehension I Read part I of the text (6 paragraphs). Which powers did the Lord Chancellor exercise before the Constitutional Reform Act 2005? Why was it important to change the role of the Lord Chancellor? Which Commission was set up in 2006 and which responsibilities did it take over? In what way has the role of the Lord Chancellor changed? Who is the new head of Judiciary and the President of Courts of England and Wales? II Read part II of the text. Why is the establishment of the Supreme Court so important? What are the different types of judges in English and Welsh courts and what is the criterion for their appointment?

  9. The British Judiciary –Reading comprehension III Read part III. What do judges have to abstain from? What is the social background of most English judges? IV Discuss a career in the judiciary in England and Wales andcompare it with the one in Croatia.

  10. Judicial appointments after CRA 2005 Judicial Appointments Commission - appointments are made solely on merit - the Commission is entirely responsible for assessing the merit • no candidate can be appointed unless recommended by the Commission • the Commission must consult with the Lord Chief Justice and another judge of equivalent experience before recommending a candidate for appointment • The Lord Chancellor can a) confirm a candidate, b) reject once or c) ask the Commission to reconsider; has limited powers in relation to recommendation for appointment • The Lord Chancellor approves the final selection and then the candidate is formally appointed by • a) the Lord Chancellor; b) the Queen (appoints the more senior judges) Supreme Court Judges– selected by the Supreme Court selection commission; selection reported to the Lord Chancellor (he can reject or ask the commission to reconsider – if the person not the best candidate on merit)

  11. Essential terms • judicial power = sudbena vlast judiciary = sudstvo, suci • judicial independence = sudačka neovisnost • to appoint = imenovati • to remove from office = razriješiti dužnosti • judicial appointments = imenovanja sudaca • a term of office = mandat • to have the security of tenure = imati sigurno namještenje • to be drawn from the Bar = biti imenovan iz redova viših odvjetnika (barristera) • the Cabinet = Vlada • a civil servant = državni službenik • to hear a case = suditi • to sit as a judge = obavljati dužnost suca • to carry out = provoditi • to preside over = predsjedavati • puisne judges; circuit judges; recorders; • stipendiary magistrates = suci nižih kaznenih sudova (magisteates’ courts) • justices of the peace (JPs) = mirovni suci, suci laici nižih kaznenih sudova • the Bar = odvjetnički stalež • the Bench = sudački stalež • inability or misbehaviour = nesposobnost ili loše vladanje

  12. Vocabulary practice I Complete the following definitions. ____________ ______________ are public administrative officials in Great Britain. ____________ ______________ are judges of the High court appointed among barristers of at least ten years’ standing. The chief ministers of the British government are referred to as __________________________ . ____________ ______________ is the first minister of State in Great Britain and the official head of the Cabinet. __________________ is a member of the legal profession whose main function is to argue cases in court. __________________ is the officer whose duty is to preside over the debates of one of the Houses of Parliament. __________________________ is the head of the British judiciary.

  13. Vocabulary practice – Court personnel II Complete the following text choosing from the words below. jury - judges – recorders - clerk – barristers – prosecutor – magistrates - bench The largest group of ________________ are ___________________, ordinary citizens who are not legal professionals but are appointed to ensure that the local community is involved in the running of the legal system. They sit in a group of three (as a ‘_____________’). Magistrates sit with a legally qualified ______________ , who can advise on points of law. A case is presented by the ________________ , who takes over the case from the police who have already charged the defendant (or accused) with specified crimes. In the upper courts, the judges are almost all former ______________ . But many cases are also heard by ________________ - part-time barristers from private practice. The Crown Court _______________ consists of 12 persons, aged 18 to 70.

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