9084 · 1.3.1
The judiciary – superior and inferior judges flashcards
Revision flashcards for Cambridge 9084 The judiciary – superior and inferior judges (syllabus 1.3.1). Flip, recall, then mark a real past-paper question.
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Superior judges?
Judges of the High Court, Court of Appeal, and Supreme Court. Appointed by the King on recommendation; have strong security of tenure.
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Inferior judges?
Circuit judges, district judges, recorders, and deputy district judges. They sit in the Crown Court and County Court and are appointed by the JAC/Lord Chancellor.
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JAC role?
The Judicial Appointments Commission (JAC) selects candidates for judicial office on merit through a fair and open competition, independent of government, as established by the Constitutional Reform Act 2005.
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Lord Chief Justice?
The head of the judiciary in England and Wales. Responsible for training, deployment, and representing the views of the judiciary to Parliament and ministers.
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Judicial independence?
The principle that judges should be free from political or other external pressure when making decisions. It is protected by s3 of the Constitutional Reform Act 2005, security of tenure, and financial security.
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Judicial accountability?
Mechanisms to ensure judges act responsibly. Includes the appeals process, investigations by the Judicial Conduct Investigations Office (JCIO), and, in extreme cases, removal from office.
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What Act established the Judicial Appointments Commission (JAC) and aimed to enhance judicial independence?
The Constitutional Reform Act 2005.
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Name two types of inferior judge and the courts they sit in.
Circuit Judges (Crown Court and County Court) and District Judges (mainly County Court and Magistrates' Courts).
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What is the key difference in the removal process for superior and inferior judges?
Superior judges can only be removed by the Monarch following a petition from both Houses of Parliament. Inferior judges can be removed by the Lord Chancellor for misbehaviour or incapacity, with the agreement of the Lord Chief Justice.
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What is the key principle guiding the JAC's appointment process?
Appointment on merit, through a fair and open competition, with the aim of increasing diversity within the judiciary.
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Which courts are considered 'superior' courts in England and Wales?
The Supreme Court, the Court of Appeal, and the High Court.
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What are the three main mechanisms that ensure judicial independence?
Security of tenure, immunity from suit, and financial security (salaries paid from the Consolidated Fund).
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What body investigates complaints about the conduct of judges?
The Judicial Conduct Investigations Office (JCIO).
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Who is the head of the civil judiciary in England and Wales?
The Master of the Rolls, who also presides over the Civil Division of the Court of Appeal.
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What historic Act first established security of tenure for senior judges?
The Act of Settlement 1701, which stated that senior judges hold office 'during good behaviour' and not at the monarch's pleasure.