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EnglandLegal StudiesQuick questions

The Nature of Law and the English Legal System (Component 1)

Quick questions on The judiciary - Eduqas A-Level Law Component 1

4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.

What are the separation of powers?
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The separation of powers (Montesquieu) holds that the legislature (Parliament), the executive (government) and the judiciary (courts) should be separate so that no branch becomes too powerful and liberty is protected. The UK does not have a strict separation (the executive sits in the legislature; Parliament is sovereign), but the Constitutional Reform Act 2005 strengthened it by creating an independent Supreme Court (replacing the Law Lords in the House of Lords), reforming the role of the Lord Chancellor, and making the Lord Chief Justice the head of the judiciary.
What are the role of judges?
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In the courts, judges manage the trial, rule on points of law, direct the jury on the law (in the Crown Court), decide cases (alone in civil trials), pass sentence (in criminal cases) and develop the common law through the doctrine of judicial precedent.
What is q1?
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Explain how the independence of the judiciary is protected. [10 marks]
What is q2?
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Analyse and evaluate the way judges are appointed in England and Wales. [15 marks]

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