Presentation of The British Judiciary (Unit 4) English Class.

MSc. Shqipe Husaj Presented by: Albulena Kollaku & Dardan Mekuli.

CONTENT:
Who is The Lord Chancellor ? What are the Responsibilities and Duty of the Lord Chancellor ? Appointments about justice. Judges are More about duties of judges A little from background social of judges. Some of terms that we must not forget.

Who is the Lord Chancellor

When we hear the word the Lord Chancellor we know that we are talking to the Government,Any discussion of the judiciary must start with the Lord Chancellor. He is the living refutation of the doctrine of separation of powers in England. He is a Government Minister chosen by Prime Minister. He is normally a member of the Cabinet. He fulfills the role of a Minister of Justice and has important administrative functions connected with the judiciary.

Who is the Lord Chancellor

He is also responsible for law reform and is also a judge. From time to time he sits in and presides over the judicial committee of the House of Lords and thought most Lord Chancellors might feel reluctant to sit in a case which directly affected the political standing of the Government he might well hear a case in which issues of civil liberty were raised. He is also a member of the legislature :he acts as Speaker of the House of Lords ,where he sits on the Woolsack. Woolsack is the seat of the Lord Speaker in the House of Lords So with one word we could say that the Lord Chancellor must be very hard worker to fulfils his duties.

What are the Responsibilities and Duty of the

Lord Chancellor.
We already know what is the Lord Chancellor but we don't know about his duties. The Lord Chancellor has a specific responsibility to uphold the rule of law in the United Kingdom. He is responsible for the efficient functioning and independence of the courts {courts is a form of tribunal often a governmental institution with the authority to adjudicate legal disputes between parties and carry our the administration of justice}

What are the Responsibilities and Duty of the Lord Chancellor.

Another duty of him is Custody and exercise of the Great Seal{Great Seal is a seal that is used to symbolise the Sovereign's approval of important state documents} We must say that the Lord Chancellors judicial functions are clearly contrary to the concept of judicial independence like when he is sitting as a judge he cannot be independent of the Government since he is part of it. He has also many small duties like: Procedural rules, appointments to rule committees/ advisory councils fees as applicable in Criminal Justice, Civil Justice, Family Regulation of the Legal Professions etc.

Appointments about Justice

The method of judicial selection used in Britain is that of executive appointment ,and the members of the Government who choose new judges are the Lord Chancellor and the Prime Minister. The other judges are appointed on the advice of the Prime Minister. This system is hardly ideal from the point of view of judicial independence. Until the last few decades party political considerations did play part in judical appointments.Former law officers or other M.P.s in the governing party stood a much better chance of becoming judges than persons outside politics.

Appointments about Justice

The only exception to this is the appointment of justices of the peace.These appointments are made by the Lord Chancellor, who obtains advice from local advisory committeess.The composition of these committeessis kept secret to prevent lobbying by persons seeking appointment.Nevertheless appointment as a J.P.is sometimes used as a reward for faithful service to the local party,and party loyaltry is sometimes regarded as more important than ability.

Judges are
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. a judge might also be an examining magistrate{an examining magistrate is a judge who carries out investigations into cases}.

They are Judges but they also have rules. The Judges' Rules are a set of guidelines about police and questioning and the acceptability of the resulting statements and confessions as evidence in court.They are expected to abstain from political activity, Judges are disqualified from membership in the House of Commons,but if they are peers they can and do play a part in the work of the House of Lords.All superior court judges{exept the Lord Chancellor}have security of tenure.Judges of the High Court and the Court of Appeal and Lords of Appeal in Ordinary hold office during good behaviour.They may be removed from office by the Queen on an address presented to her by both Houses of Parliament.Other Judges may be removed from office by the Lord Chancellor for inability or misbehaviour.In practice they are never removed without good reason.

More About duties of judges

Judges' duties depend on their jurisdiction. Municipal court judges, administrative law judges, general trial court judges and appellate court judges all have different duties but here are some common duties.

Judges must perform their duties without favoritism, bias, partiality or prejudice. Judges must begin court sessions on time not for efficiency purposes but to gain confidence of the litigants.

More About duties of judges

Judges must seek permission of the authority to which their report if they are unable to attend a court session unless the absence is for a compelling reason. Judges should not exploit the judicial position they hold to serve their personal interests or the interests of anyone else. Judges are prohibited from revealing their job position for the purpose of using its authority for their benefit.

A Little from background social of judges

The background of an individual is important or, in some instances, essential to selection to the Court. There is little doubt that by and large English judges come from a fairly narrow section of society. A recent study of middle-class background. Most of them went to public schools and then usually to Oxford or Cambridge. It is also noticeable that women and colored immigrants , two groups are becoming barristers in increasing numbers .These changes may be reflected in the composition of the judiciary in future.

Some of terms that we must not forget

Judiciary - The judiciary is the system of courts that interprets and applies the law in the name of the state. The Prime Minister-The first Minister of State in Great Britain, is the presiding and actual head of the Cabinet. The Cabinet-The chief ministers of the British government Judge-A judge is a person with the authority to decide questions in dispute between parties and to award the proper punishment to offenders.

 The House of Lords-The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster The Speaker-The officer whose duty is to preside over the debates of one of the Houses of Parliament M.P-A member of Parliament Superior Judiciary-Judges of the superior courts Superior Courts-Is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases.

Some of terms that we must not forget

Justice should not only be done ,but should manifestly and undoubtedly be seen to be done.
Lord Hewart .