Chapter 17 Multiple choice questions

The Judiciary
. Match the branch of the United Kingdom's constitution to its function.

Has the right to make whatever laws it thinks right.

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Carries on the administration of the country in accordance with the powers conferred on it by law.

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Interpret the laws and see that they are obeyed.

. Which of the following statements accurately describe a requirement that stems from the constitutional principle of judicial independence? Please select all that apply.

. Who does the Constitutional Reform Act 2005 charge with specific tasks in order to uphold the independence of the judiciary?

. The Sweeney case was the first big test of whether the new relationship between the Lord Chancellor and the judiciary was working properly, and it is clear that there was a systematic _______. Ensuring that ministers do not impugn individual judges, and restraining and reprimanding those who do, is one of the most important duties of the Lord Chancellor.

. Judicial independence does not mean that the judiciary should be isolated from the other branches of the State.

. Andrew Le Sueur has identified three schools of thought on the issue of judicial accountability. Match the type to their position.

They argue that accountability is not consistent with judicial independence.

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They argue that judges are accountable through 'self-policing'.

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They argue that judges should be accountable through 'explanation' to Parliament.

. How does Graham Gee understand the Lord Chancellor's duty under s.3 of the Constitutional Reform Act 2005? Please select all that apply.

. In 2011, what did Lord Judge call the 'most emphatic feature of the relationship between the judiciary and the media'?

. The Lord Chief Justice and other senior judges with responsibility for specific parts of the justice system are in a different position from that of other judges (in relation to impartiality). On occasion, it is necessary for them to speak out publicly if a particular government policy is likely to have an adverse impact upon the administration of _______.

. Prior to recent reforms there was no open competition for the appointment of judges to the High Court or more senior positions.

. The Judicial Appointments Commission for England and Wales (JAC) is the independent body established by the Constitutional Reform Act 2005. It is in charge of the selection process for all the senior judiciary below the Supreme Court. It has stated a number of qualities that it takes into account in the selection process, which of the following did it identify? Please select all that apply.

. To whom should an individual complain if they feel dissatisfied about the way they were treated by the judicial selection process in England and Wales?

. Match the commentator to their statement on diversity in the judiciary.

'When people like the members of the judiciary, broadly homogeneous in character, are faced with political cases… they act in broadly similar ways. It will be part of my argument to suggest that behind these actions lies a unifying attitude of mind, a political position, which is primarily concerned to protect and conserve certain values and institutions.'

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'Researchers have concluded that gender difference has been a significant factor in judicial decision-making, particularly in the area of tort law, criminal law and family law: Further many have concluded that sexism is the underlying premise of many judgments in these areas.'

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'In a democratic society, in which we are all equal citizens, it is wrong in principle for that authority to be wielded by such a very unrepresentative section of the population.'

. Which of the following statements accurately describe a reason why judges should be used to chair public inquiries? Please select all that apply.

. Judges should only be used to conduct inquiries where there is a vital _____ _______ in them doing so.

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