The Judiciary

How do the courts protect our rights and freedoms?

56
689
992
107

Thanks to the 2005 Constitutional Reform Act, the judiciary is officially independent of Parliament (the legislature). The Lord Chancellor no longer sits on a giant sack of wool in the House of Lords, in fact his powers have completely changed. The Act transferred his powers to the President of the Courts of England and Wales, the Lord Chief Justice. The Act also established a new UK Supreme Court separate from the House of Lords with its own President.

More >

Hacking the Content
Refining the Content
Preparation
Constitutional Convention
Our new Constitution

Filters

Tags

Tags

View More

Status Labels

Status Labels

Top Contributors

  1. Ian Smith
    5148 pts
  2. John Z
    4780 pts
  3. Tom Austin
    1710 pts
  4. King Richard Third
    1395 pts
  5. Rob G
    1096 pts

View leaderboard

Sort by

Separation of powers is a fundamental principle of our democracy. Power is divided between the legislature (parliament), the executive (government) and the judiciary. How should our judges be appointed? By Parliament? By Government? By popular election? By an Independent Commission set up under the Constitution?  

ConstitutionUK
by ConstitutionUK
5 Votes
Voting closed
Comments 21
ConstitutionUK

VERSION 1: Separation of powers is a fundamental principle of our democracy. Power is divided between the legislature (parliament), the executive (government) and the judiciary. What rules should govern the appointment of judges? Should we set a minimum age for appointment to judicial office? Should we set a minimum level of experience for appointment to judicial office? Should those who are appointed to judicial office be required, under the constitution, to have formal legal...

ConstitutionUK
by ConstitutionUK
4 Votes
Voting closed
Comments 31
ConstitutionUK

No person in Britain is to be exempt from the law, foreign or domestic. This includes removing the privelleges of persons in parliament and foreign nationals who would otherwise have diplomatic immunity (e.g. Pinochet, who was arrested on his visit to Britain).  " CHAPTER 12  Parliamentary Privilege and related matters Privilege of Parliament... "  12.02 freedom from arrest in civil cases; ·  exemption from subpoenas to attend court as a witness;" "  Privilege of peerage...

Kristopher Cussans
by Kristopher Cussans
5 Votes
Voting closed
Comments 8
Kristopher Cussans

Phase 2 version: Every officer of the court shall be expected to recognise serious incompatibilities or inconsistencies within the law which they encounter in the course of their duties and shall be obligated to report them to the court. The court shall establish and manage a forum where such reports can be collated and where the problems identified, and possible solutions, can be freely discussed by anyone who wishes to do so [within the constraints of generally acceptable...

Malcolm Ramsay
by Malcolm Ramsay
2 Votes
Voting closed
Comments 26
Malcolm Ramsay

The constitution should enshrine the right to trial by jury for offences which are punished only by a prison sentence.

James Doran
by James Doran
14 Votes
Voting closed
Comments 22
James Doran

Suggested clause: ' All criminal justice laws and measures must be proportionate'. Idea behind the draft clause: Aristotle's principle that 'the just is the proportional, the unjust is what violates the proportional' should be enshrined in modern words.  This would for example permit longer pre-charge detention for suspected murderers and terrorists than for shoplifters and drug users. 

Ian Smith
by Ian Smith
13 Votes
Voting closed
Comments 41
Ian Smith

Phase 2 version: Parliament and the courts shall endeavour to keep all laws consistent with each other, and with the values and principles explicitly enshrined in this constitution or taken for granted [without significant dissent] by the general public. When it encounters an incompatibility between a statute and higher laws or generally accepted uncontentious principles, or between different provisions of the constitution, the Supreme Court shall either issue a Declaration of...

Malcolm Ramsay
by Malcolm Ramsay
5 Votes
Voting closed
Comments 17
Malcolm Ramsay

There is no justice when citizens cannot afford it. Legal redress is a right for every citizen to ask for but given the current costs of litigation is beyond the reach of the vast majority of people. Barristers and other legal professionals should be employed by a hands off executive agency and their fees should be set  by law. 

Ian Hodgson
by Ian Hodgson
3 Votes
Voting closed
Comments 31
Ian Hodgson

The idea is simply this:  Should the UK Supreme Court have the power to strike down legislation for being unconstitutional?  A legal problem any law student will be familiar with. Clearly in the US this is the case and certainly the Supreme Court can override Parliment in regards to rules that breach its commitments under the EU famously decided in the 1980's.  Pros - Provides a guarantor for citizens Human and constitutional rights - Is a check on Legislative and Executive power...

Andrew Cullyer
by Andrew Cullyer
22 Votes
Voting closed
Comments 72
Andrew Cullyer

ALL citizens to have equal access to justice through a "National Justice Service" (NJS) , free at the point of need and paid for through general taxation i.e along the same founding principles as the NHS. A National Justice Service (NJS) would help to develop a far more equal and just society, where the ability to seek and obtain justice via access to solicitors, barristers and the courts would be available to ALL citizens, and not just restricted as it currently is to those citizens...

C Chapman
by C Chapman
5 Votes
Voting closed
Comments 20
C Chapman
Load more
Share