Constitutional Reform Act Essay

Constitutional Reform Act Essay-20
In judicial review cases, courts are required to consider whether a public body has adhered to the special legal standards to which branches of government are required to adhere.These standards include the principles of good decision making, the relevant aspects of the rule of law and the European Convention on Human Rights (ECHR) principles which are protected by the Human Rights Act 1998 (HRA). A public body might make a decision for the common good that is not in the interests of certain private individuals.

In judicial review cases, courts are required to consider whether a public body has adhered to the special legal standards to which branches of government are required to adhere.These standards include the principles of good decision making, the relevant aspects of the rule of law and the European Convention on Human Rights (ECHR) principles which are protected by the Human Rights Act 1998 (HRA). A public body might make a decision for the common good that is not in the interests of certain private individuals.

Since the Courts and Legal Service Act 1990, solicitors with rights of audience in the High Court and barristers' of ten years call or more as well as circuit judges of two years' standing can be appointed as High Court judges.

Since the 1990 Act, candidates for appointment as Lord Justice of Appeal in the Court of Appeal must have at least 10 years standing as a barrister, or a solicitor with rights of audience in the High Court.

Hence, it is clear that there are often conflicts, which arise between private individuals and the state in the form of public bodies due to their decision-making powers and the ways in which these impact upon the rights and interests of individuals or private companies.

Particularly since the introduction of the HRA, the courts have had a growing role in acting as watchdog to protect the constitution, particularly in the light of the peculiarly powerful position of the Executive branch within the UK.

Furthermore, the courts’ law-making powers are usually quite limited.

Similarly in creating common law, courts are restricted by past precedent. Shortly after this decision, Parliament enacted the Criminal Evidence (Witness Anonymity) Act 2008.The Queen, on the advice of the Lord Chancellor, appoints High Court judges; this is the same for circuit judges and recorders.There are of course minimum requirements for judges to be qualified to take such a role.It is always open to Parliament to legislate when courts make decisions that the Executive does not feel is in line with Government policy. As unelected judges the courts are not subject to the democratic selection by the public, and hence the separation of powers doctrine requires that there are significant limits on the courts' law making powers.This has been made clear by the courts themselves, when they have refused to rule on a particular question stating that a particular matter requires an Act of Parliament to make changes to the law.Alternative dispute resolution (ADR) refers to a method of resolving disputes which do not resort to involving the court system.The existence of such mechanisms for dispute resolution is important for three principal reasons.As was discussed in previous chapters, the UK does not have a pure separation of powers and the courts’ role in statutory interpretation helps guard against the abuse of power.It helps to prevent any particular branch of government from holding excess power (in this case theoretically Parliament, but in practise it is often a safety valve on the power exercised by the Executive).[1995] 2 AC 513 Unlike in other countries, the courts are constrained by the principle of parliamentary sovereignty and are unable to strike out primary legislation as unconstitutional. Courts have also provided 'advisory opinions' in situations that do not disclose any live disputes; but present an answer to a hypothetical question of law responding in a way that would answer the question as to whether such a given set of facts were to arise, what in these circumstances would be lawful.The courts’ powers to uphold constitutional principles, such as the rule of law or the separation of powers, are limited by contrary provisions within an Act of Parliament. [1993] AC 789 The emphasis of such advisory opinions is upon public functions, and the aim is to make certain that public bodies act in the public interest.

SHOW COMMENTS

Comments Constitutional Reform Act Essay

The Latest from www.gatsport3.ru ©