Curriculum Portal

neurologyYou need to know

• The judiciary is the branch of government responsible for interpreting and applying the law.
• In the UK, the judiciary plays an important constitutional role in upholding the rule of law, ensuring legal disputes are resolved fairly and checking that public bodies act within the law.
• The highest court in the UK is the Supreme Court.
• The Supreme Court was established in 2009, taking over the appellate role previously carried out by the Appellate Committee of the House of Lords.
• The creation of the Supreme Court was significant because it made the separation between the judiciary and Parliament clearer.
• Students must know that the Supreme Court is the final court of appeal for civil cases across the UK and for criminal cases from England, Wales and Northern Ireland.
• The Supreme Court also hears important constitutional cases, especially those involving devolution, executive power and rights.
• Judicial independence means that judges must be free from political interference when making decisions.
• Judicial independence is protected by:
• secure tenure
• salaries protected by law
• limits on politicians removing judges
• an independent appointments process
• the principle that judges should decide cases according to law rather than political pressure
• Judicial impartiality means that judges must be neutral, unbiased and fair.
• Judicial impartiality is essential if the courts are to command public confidence.
• Students must know the meaning of separation of powers.
• Separation of powers is the idea that the executive, legislature and judiciary should have distinct functions so that no one branch becomes too powerful.
• In the UK, separation of powers is not complete, but the judiciary is more clearly separated from the other branches than in the past.
• The Constitutional Reform Act 2005 was important because it strengthened judicial independence and created the Supreme Court.
• Students should know about the composition of the judiciary.
• The senior judiciary has traditionally been criticised for lacking diversity, especially in terms of gender, ethnicity and social background.
• The judiciary has often been seen as dominated by older, white, male and privately educated figures, although this has been slowly changing.
• Students should know that concerns about composition matter because they raise questions about representation, legitimacy and public confidence.
• Students must know about the judicial appointments process.
• Judges are not elected.
• Senior judges are appointed through an independent system designed to reduce political influence.
• In England and Wales, the Judicial Appointments Commission plays a key role in recommending candidates.
• Appointments are intended to be based on merit, while also aiming to widen diversity.
• Students must understand judicial review.
• Judicial review is the process by which judges review the lawfulness of the actions of public bodies, including ministers, government departments and local authorities.
• Judicial review does not usually mean that judges decide whether a policy is politically wise; instead, they decide whether it is lawful.
• Judicial review is a major way in which the judiciary can influence government.
• Students must know the meaning of ultra vires.
• Ultra vires means 'beyond the powers'.
• A public body acts ultra vires when it goes beyond the powers granted to it by law.
• If a court finds that a minister, department or other public body has acted ultra vires, its decision can be declared unlawful.
• Students should know that the judiciary can influence the policy process even though judges do not make policy directly.
• Court rulings can force the government to rethink, amend or abandon policies.
• The Supreme Court and other courts can therefore have an indirect but sometimes powerful impact on government and legislation.
• Students must know that the UK judiciary cannot usually strike down Acts of Parliament in the same way as the US Supreme Court because of parliamentary sovereignty.
• However, courts can interpret legislation, issue declarations of incompatibility under the Human Rights Act and rule against ministers or public bodies where they have acted unlawfully.
• Students should know important examples of judicial influence, especially cases involving the limits of executive power, rights and constitutional principles.
• Strong examples include the Miller cases, which demonstrated the courts' willingness to rule on constitutional disputes involving government power and Parliament.

• Explain the role of the judiciary in the UK political system.
• Explain the role and significance of the Supreme Court.
• Explain why the establishment of the Supreme Court in 2009 was constitutionally important.
• Describe the composition of the judiciary and explain why it has been debated.
• Analyse issues of diversity within the judiciary.
• Explain the appointments process for judges and why independence from government is considered essential.
• Evaluate whether the appointments process successfully balances:
• merit
• independence
• accountability
• diversity
• Explain the meaning and importance of judicial independence.
• Explain the meaning and importance of judicial impartiality.
• Analyse how far the UK has achieved separation of powers.
• Explain the meaning of ultra vires and apply it to examples of court rulings.
• Explain how judicial review works and why it matters.
• Analyse and evaluate the role of judicial review in checking executive power.
• Explain how the judiciary influences government, even though judges are unelected.
• Evaluate the extent of judicial influence on government.
• Explain the impact of the Supreme Court on:
• the executive
• the legislature
• the policy-making process
• Analyse how the Supreme Court interacts with Parliament and government.
• Evaluate whether the Supreme Court has become more politically significant in recent years.
• Explain the limits of judicial power in the UK, especially because of parliamentary sovereignty.
• Assess the argument that the judiciary is an effective check on government.
• Assess counter-arguments that judicial influence is limited because judges:
• cannot normally strike down Acts of Parliament
• are reactive rather than proactive
• depend on cases being brought before them
• Use relevant case examples, such as the Miller cases, to support analysis.
• Construct balanced arguments about whether the judiciary is too powerful, not powerful enough, or appropriately limited.
• Write developed analytical responses on:
• the composition and appointments process of the judiciary
• the role of the Supreme Court
• judicial influence on government
• the significance of ultra vires and judicial review
• the judiciary's influence over legislation and policy making