This chapter provides an introduction to the courts and tribunals judiciary. It discusses the judicial office, judicial appointments, judicial diversity and judicial training. There are different levels of judges within the courts and tribunals, with the senior judiciary comprising the Lord Chief Justice and Heads of Division. The Lord Chief Justice is the Head of the Judiciary. The Head of the Tribunals is the Senior President of the Tribunals. There are also part-time members of the judiciary known either as district judges, recorders, or Deputy High Court Judges depending on which court they sit in. This chapter assesses the similarities and differences between the court judiciary and tribunal judiciary. The quasi- judicial role of magistrates is also considered in this chapter. Discussing them in this chapter allows for their role to be considered and contrasted with that of district judges (magistrates’ courts) who also sit within the magistrates’ court.
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This chapter describes the subject matter of criminology as self-evident. Both etymologically and in the largely unquestioning view of early positivists, criminology concerns the content and application of the criminal law of whatever society is under consideration. Such a definition has the advantage of precision: criminologists do not have to worry about the scope of their subject, as the legislature and, in some countries, the judiciary, has fixed it for them. Yet, such a definition is ultimately unsatisfactory for a number of reasons. Inevitably, there are differing views about what should amount to a criminal offence among individuals in the same society. This is where positivists usually draw the line and insist on confining themselves to the legal definitions, although even they must concede that this divergence indicates that the content of the criminal law is not set in stone.
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This chapter explores the key institutions—the legislature, the executive, and the judiciary—and considers the relevance of the principle of the separation of powers in respect of the UK Constitution. It begins with a discussion of the functions fulfilled by these institutions, including an examination of their structure and key roles, allowing fuller exploration of the separation of powers doctrine in the UK Constitution. In respect of this, the chapter identifies a common distinction drawn between what is known as the pure and partial separation of powers. One favours total separation, the latter allowing a degree of overlap to the point of ensuring a system of checks and balances. Application of this distinction enables broader exploration of the UK’s application of the separation of powers doctrine.
Chapter
This chapter explains ‘the rule of law’. It first presents a definition of the rule of law followed by a discussion of the practical protection of the rule of law. In Britain, all three of the major branches of the state — the judiciary, Parliament, and government (especially through the office of Lord Chancellor) — have functions in the development and application of rule of law principles.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary and questions from author Thomas Webb.
Book
William Wade and Christopher Forsyth
Wade & Forsyth's Administrative Law provides a perceptive account, and an unparalleled level of coverage, of the principles of judicial review and a sketch of the administrative arrangements of the UK. First published in 1961, Administrative Law a classic text. In the eleventh edition, the text brings its account of administrative law up to date in light of recent case law and legislation. The volume covers the following areas of administrative law: authorities and their functions; the influence of Europe; powers and jurisdiction; discretionary power; natural justice; remedies and liability; and administrative legislation and adjudication.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary from author Thomas Webb.
Chapter
This chapter explores the key institutions—the legislature, the executive, and the judiciary—and considers the relevance of the principle of the separation of powers in respect of the UK Constitution. It begins with a discussion of the functions fulfilled by these institutions, including an examination of their structure and key roles, allowing fuller exploration of the separation of powers doctrine in the UK Constitution. The chapter identifies a common distinction drawn between what is known as the pure and partial separation of powers: The former favours total separation, while the latter allows a degree of overlap to the point of ensuring a system of checks and balances. Application of this distinction enables broader exploration of the UK’s application of the separation of powers doctrine.
Chapter
This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.
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This chapter discusses the place that punishment occupies as a response to crime. In many ways, the idea of punishment lies at the heart of our thinking about crime and criminal justice. It acts as a kind of balancing factor to the offence and seems like an obvious and natural consequence of a wrongful act, as in the biblical idea of ‘an eye for an eye’. However, the criminologist’s task is precisely to interrogate fundamental assumptions and to question the obvious. As such, there is a need to consider, with a critical eye, some well-established conventions such as the principle of ‘just deserts’ and the idea that we should make ‘the punishment fit the crime’. The chapter explores aspects of the historical development of punishment and its changing role in society and looks at particular forms of penal sanction, notably the death penalty, the use of imprisonment, and community-based alternatives to the deprivation of liberty. The chapter then assesses the role of the judiciary in administering punishments, the consequences of imposing punitive measures, and the criticisms of the use of punishment.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter looks at the multitude of different professionals, both legal and lay, in the English legal system (ELS). Legal professionals, often referred to as ‘lawyers’, includes such individuals as solicitors, barristers, legal executives, and paralegals. Barristers and solicitors were traditionally two very distinct roles in the ELS. Nowadays, a fusion of roles has occurred, meaning that the two professions are not as different as they formerly were. Meanwhile, judiciary refers to the various judicial ‘offices’ and ‘office-holders’. Law officers are the individuals responsible for the operation of the ELS and include such persons as the Attorney General and the Solicitor General. Court staff are the individuals involved in the day-to-day running of the ELS and include such persons as clerks, ushers, legal advisers, and many other persons. Finally, laypersons refer to a special class of individuals—namely magistrates and juries responsible for trying cases in the Crown Court and magistrates’ court respectively.
Chapter
This chapter looks at the separation of powers. The separation of powers is a doctrine requiring that executive, legislative, and judicial powers within a state should be clearly divided and allocated to separate institutions; the aim is to prevent the concentration of power in any one branch and reduce the potential for arbitrary or oppressive exercise of power. Although the degree of separation between the three branches varies between states, codified constitutions will regulate those spheres of power by allocating specific roles and functions to each branch and will allow checks or controls to operate between them to ensure accountability. The separation of powers in the UK is weakest between the legislative and executive, and strongest and most distinct between the judiciary and the other two branches. Indeed, the Constitutional Reform Act 2005 has brought stronger separation between the judiciary and the executive, making the judiciary more autonomous.
Chapter
This chapter details how power is allocated in the UK, and its organisation in terms of devolution and regional and local government. Power in the UK is divided into three branches or arms of state: legislature (law-makers), executive (government and administration), and judiciary (courts and judges). Before devolution, the government’s (executive’s) administrative power was centralised and it extended to the whole of the UK, but devolution has made significant changes to the constitution and has brought a substantial rebalancing of power in the government of the UK. Since devolution’s introduction, the power of central government no longer extends to the growing areas of domestic policy that have been devolved to Scotland, Wales, and Northern Ireland. The UK government’s remit therefore now covers England and the whole of the UK on non-devolved matters including the conduct of foreign affairs, defence, national security, and oversight of the Civil Service and government agencies.
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This chapter explains the separation of powers doctrine, first describing the three branches of government: the legislative, judicial, and executive. It then discusses why separation of powers is needed, different conceptions of separation of powers, and separation of powers in the UK.
Chapter
This chapter, which focuses on the judiciary, discusses the structure of the judicial system, the role of the judiciary, and the characteristics of the judiciary.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Abbasi) v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for the Home Department [2002] EWCA Civ 1598, before the Court of Appeal. This case concerned, among other things, whether foreign policy decisions made by the executive under the prerogative power could ever constitute justiciable matters arguable before the courts. The document also includes supporting commentary and questions from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dimes v Proprietors of the Grand Junction Canal (1852) III House of Lords Cases (Clark’s) 759, 10 ER 301, House of Lords. This case concerns an example of a judge holding a pecuniary interest in a case they were adjudicating upon. There is also wider discussion of the concept of bias. The document also includes supporting commentary and questions from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords. This case considered what types of interest, in addition to pecuniary interests, should require a judge to recuse themselves from sitting on a case. The document also includes supporting commentary and questions from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Sir Edward Coke CJ to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Sir Edward Coke CJ to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary from author Thomas Webb.
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