Question

Discuss the features of British Judicial System.

Explain any eight salient features of the judiciary in U.K.

Answer 1

Eight salient features of the judiciary in the U.K.:

1. No Single Integrated Judicial System: The UK does not have a single integrated judiciary. England and Wales share one system, while Scotland and Northern Ireland have distinct judicial systems, although all follow the basic principles of British law.
2. Parliamentary Sovereignty: British courts cannot declare any Act of Parliament unconstitutional. The judiciary cannot overrule laws enacted by Parliament, highlighting the supremacy of the legislature.
3. Absence of Judicial Review: The UK judiciary does not possess the power of judicial review as found in the US and Indian systems. Courts must enforce the laws passed by Parliament without questioning their validity.
4. Doctrine of Rule of Law: The judiciary operates under the doctrine of Rule of Law, ensuring equality before the law and protection of citizens’ rights through ordinary legal means rather than constitutional rights.
5. Unwritten Constitution: The UK does not have a codified constitution. The judiciary bases its judgements on statutes, precedents, conventions, and historical documents like the Magna Carta, limiting its power in constitutional interpretation.
6. Judicial Independence: The British judiciary enjoys independence from the executive and legislature. Judges are appointed on merit, have secure tenure, and are not subject to political pressures.
7. Absence of a Supreme Constitutional Court: The UK does not have a separate constitutional court. Constitutional issues are handled by regular courts, particularly the Supreme Court, which is the highest appellate body.
8. Establishment of the Supreme Court (2009): The creation of the Supreme Court of the UK in 2009 separated the judiciary from the House of Lords, reinforcing the principle of separation of powers and judicial independence.