Constitutional Reform Act Essay

Constitutional Reform Act Essay-83
Those who have already been a High Court judge may also be appointed.In practice appointments to posts in the superior courts is frequently made of those individuals who have much more than the statutory minimum qualifications.

Those who have already been a High Court judge may also be appointed.

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The resolution of disputes is necessarily a retrospective function; however, courts are capable of also acting in a more forward-looking manner. As such, the higher courts are able to provide advisory opinions in order to make authoritative rulings on the current state of the law so that public administration is carried out in a lawful manner in the first place.

Under the doctrine of precedent, higher courts including the Court of Appeal and UK Supreme Court can make decisions that clarify specific points of law and bind the lower courts in a prospective fashion. [1980], Lord Diplock stated "Parliament makes the laws, the judiciary interpret them".

[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.

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.

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.

The role of the court system is to decide cases, including a determination of the relevant facts, then the determination of the relevant law and the application of the relevant facts to the relevant law.

The courts must ascertain what the relevant facts are; this may require a court to resolve a dispute about the facts.


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