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The Judiciary 2 (Judicial Independence (maintained by (security of tenure,…
The Judiciary 2
Judicial Independence
independence
free from political controls
able to make correct and just decisions
no fear of punishment
Neutrality
no influence from person bias
requirement of the rule of law
maintained by
security of tenure
must retire at 75
politicians cant threaten to sack or suspend judges
only during good behavior though
Guaranteed salaries from consolidated fund
fund held by bank of england
politicans dont set wages
contempt of court office
sub judice rules
minister and politicians cant speak out during court case
designed to avoid undue pressure on judges
nemo judex in causa sua
cannot be a judge in your own case
growing separation of powers
constitutional reform act 2005
physical separation of judiciary, downgraded role of lord chancellor
prior to 2005 - law lords sat in house of lord, lord chancellor involved in all 3 branches
senior judges cannot be MPs
independent appointments system
CRA 2005 created Judicial Appointment commission more transparency and avoids bias
Training and experience of superior judges
Judges work there way up
take pride in potion, unlikely to pander to whim of a politician
Judicial neutrality
Judges should be politically neutral
Senior judges are bared from becoming MPs
Judges hold office during good behaviour
discourages making political statements
secured through
adherence to the rule of law
anonymity of senior judges
operate outside of the public eye
restricting political activity
judges not to campaign on behalf of political parties or pressure groups
legal justifications of judgements
senior judges have to give written explanations of the legal basis of their decisions
these judgements are public records
training and selection
highly trained and respectable profession
Threats to judicial independence and neutrality
narrow recruiting pool
Oxbridge educated, privately schooled, white, middle class, male
not rep of those they make decisions for
parliamentary sovereignty
judges have to apply the rules laid down by parliament
parliament has ultimate power and change law If they disagree
Politicisation of the judiciary
Impact of the supreme court creation
clear impacts
appointments
more independent and transparent
lead to more rep composition
powers of the court have not been impacted
enhanced judicial inbdependence
clearer separation of powers
increasing friction between judiciary and leading politicians
less clear impacts
importance of physical separation
raised profile, greater public interest
lifting restrictions on TV cameras
changes in way rulings are delivered
allows for greater public involvement and scrutiny
relations between court and gov