Chapter 15 Self-test questions

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

It must not be possible for the executive to improperly influence judges.

The judiciary must be free from political pressure to reach particular decisions in individual cases.

Judges must not have political opinions.

Judges must have security of tenure.

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

The Lord Chancellor

The Prime Minister

All MP

The members of the House of Lords

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

True

False

. 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.

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

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

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

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.

To respond quickly to criticism of the judiciary.

To encourage their ministerial colleagues to respect judicial independence and the rule of law.

To issue statements in the face of hostile press coverage of the judiciary.

To take steps relating to the funding and oversight of the judicial system.

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

The rule of law

Democracy

The twin independence of the judiciary and the media

The fact that the media can be partisan

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

True

False

. 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.

Intellectual capacity

Integrity and independence of mind

Legal knowledge

Amount of money earned in private practice

. 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?

The Judicial Appointments and Conduct Ombudsman (JACO)

The Judicial Appointments Commission (JAC)

The Lord Chancellor

The Parliamentary Ombudsman (PO)

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

They are considered to possess the requisite skills, handling of witnesses, and understanding fair procedure.

They are independent and neutral from government.

They are available to do the task.

They are experienced at handling a big workforce.

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