{"id":67,"date":"2025-08-07T20:47:33","date_gmt":"2025-08-07T20:47:33","guid":{"rendered":"https:\/\/routledgelearning.com\/politicsuk\/?p=67"},"modified":"2025-10-10T13:10:03","modified_gmt":"2025-10-10T13:10:03","slug":"chapter-21","status":"publish","type":"content","link":"https:\/\/routledgelearning.com\/politicsuk\/part-5-the-executive-process\/chapter-21\/","title":{"rendered":"Chapter 21"},"content":{"rendered":"\n
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\n\tHome\n<\/span><\/div><\/div>\n\n\n\n

Chapter 21<\/h1>\n\n\n

The judiciary<\/em><\/em><\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n

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Chapter Summary<\/h2>\n\n\n\n

Although not at the heart of the regular policy-making process in Britain, the courts are nonetheless now significant actors in the political system. Traditionally restricted by the doctrine of parliamentary sovereignty, the courts have made use of their power of judicial review to constrain ministers and other public figures. The passage of two Acts \u2013 the European Communities Act in 1972 and the Human Rights Act in 1998 \u2013 created the conditions for judges to determine the outcome of public policy in a way not previously possible. The passage of devolution legislation, creating elected bodies in Scotland, Wales and Northern Ireland, has also enlarged the scope for judicial activity, with potentially significant constitutional and political implications. The Constitutional Reform Act 2005 resulted in the creation of a Supreme Court. The greater willingness of, and opportunity for, the courts to concern themselves with the determination of public policy has been welcomed by some jurists and politicians while alarming others, who are fearful that policy-making power may slip from elected politicians to unelected judges. The courts are having to meet the challenge of a new juridical dimension to the British constitution while coping \u2013 not always successfully \u2013 with the demands of an extensive system of criminal and civil justice.<\/p>\n<\/div>\n\n\n\n

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Learning Objectives<\/h2>\n\n\n\n
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  • To identify the relationship of the judicial system to other parts of the political process.<\/li>\n\n\n\n
  • To describe the basic structure of that system, and how it has changed in recent years as a result of a greater willingness of judges to undertake judicial review, and as a consequence of constitutional change.<\/li>\n\n\n\n
  • To consider demands for change because of perceived weaknesses in the system.<\/li>\n<\/ul>\n<\/div>\n\n\n\n
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    Quizzes<\/h2>\n\n\n\n

    Test your knowledge with the Chapter 21 quizzes!<\/p>\n\n\n\n

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    Quiz<\/h3>\n<\/div>\n\n\n\n