The UK Judiciary

The Structure of the UK Judiciary

  • The UK judiciary is the system of courts that interprets and applies the law. It is independent from the executive and legislature to ensure checks and balances in the system.
  • The judiciary is divided into civil and criminal courts. Civil courts deal with disputes between individuals or organisations, while criminal courts deal with individuals accused of offenses against the state.
  • The head of the judiciary is the Lord Chief Justice. He is appointed by the Queen and is responsible for representing the views of the judiciary to Parliament and the government.

The Role and Function of the UK Judiciary

  • The main function of judges is to interpret and apply the law. They do this in the course of trials, where they evaluate evidence, instruct juries, and make rulings based on the law.
  • In addition to their role in adjudication, judges are also responsible for sentence offenders in criminal cases.
  • Judges also ensure the rule of law is upheld - meaning that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

The Judiciary and Human Rights

  • The judiciary plays a key role in protecting human rights in the UK. Judges interpret and apply the Human Rights Act 1998, which incorporates the rights set out in the European Convention on Human Rights into domestic British law.
  • Courts can rule on test cases, or cases brought to define the parameters of the law. These decisions often have wider implications for the interpretation of human rights.

The Principle of Judicial Independence

  • Judicial independence is a cornerstone of the UK legal system. This principle ensures that judges are free to make decisions without interference from the government or any other source.
  • Judges are appointed rather than elected, and they hold their position for life, unless they resign or are dismissed for misconduct. This is to safeguard their impartiality and to ensure their independence.

Criticisms and Reforms of the UK Judiciary

  • The judiciary has been criticised for being unrepresentative and lacking diversity. In response, measures have been implemented to encourage the appointment of judges from a wider range of backgrounds.
  • Some have also voiced concerns about the judiciary becoming too powerful and taking on a more political role, particularly in relation to human rights cases. This has led to debates about the balance of power between Parliament and the judiciary.