The judiciary
In the UK the laws made by Parliament are the highest authority. But often important
questions arise about how the laws are to be interpreted in particular cases. It is the task
of the judges (who are together called “the judiciary’) to interpret the law, and the
government may not interfere with their role. Often the actions of the government are
claimed to be illegal, and, if the judges agree, then the government must either change its
policies or ask Parliament to change the law. This has become all the more important in
recent years, as the judges now have the task of applying the Human Rights Act. If they
find that a public body is not respecting a person’s human rights, they may order that
body to change its practices and to pay a compensation, if appropriate. If the judges
believe that an Act of Parliament is incompatible with the Human Rights Act, they cannot
change it themselves but they can ask Parliament to consider doing so.
Judges cannot, however, decide whether people are guilty or innocent of serious crimes.
When someone is accused of a serious crime, a jury will decide whether he or she is
innocent or guilty and, if guilty, the judge will decide on the penalty. For less important
crimes, a magistrate will decide on guilt and on any penalty.
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