#constitution #law #public
In addition to the judicial function performed by judges in the courts, certain aspects of the judicial role can, and have been, exercised by members of the executive, most notably in the past by the Home Secretary. This power derived from both statutory and prerogative sources. For example, following the murder of James Bulger by two ten-year-old boys, it was within the Home Secretary's power to set the tariff for their imprisonment. It was found in R v Home Secretary, ex parte Venables and Thompson [1998] AC 407 that he had acted unlawfully in exercising these powers. (See section 14.5 for further details on this case.) The judicial power of the Home Secretary has been reduced in recent years, however, following some high profile human rights cases and consequent statutory amendments. See, for example, R (Anderson) v Secretary of State for the Home Department [2002] UKHL 46 and the Criminal Justice Act 2003.
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