Constitutional Reform Act Essay

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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.

It is exceptional that a person is appointed to a senior judicial position than through promotion through the other judicial positions. Judicial Appointments Commission The widespread criticism of the lack of transparency in the judicial appointments process was the impetus for the passage of the Constitutional Reform Act 2005.

The Judicial Appointments Commission (JAC) was established by an Order in Council in April 2006 to review judicial appointments.

[1995] Cr App R 136, [1995] UKHL 15, [1996] AC 1 This legal change came in the form of section 34 Crime and Disorder Act 1998.

The courts deferred to the law-making power of Parliament recognising that to have abolished such a rule within common law would have been to act outside of their own law-making capacity. The Judiciary The Executive is responsible for the judicial appointments in the UK.

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.

Courts act as the adjudicators in cases that involve public law.

They are frequently asked to determine a case where a public body has infringed the rights of a private individual and are required to rule on the legality of a decision made by a public body.


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