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Judiciary - Independence (Separation of Powers (legislature (makes law),…
Judiciary - Independence
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1: Tenure of Judges
judges need to be able to carry out their work without the worry they will be dismissed/forced to resign
superior judges:
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same provision in :black_flag: Senior Courts Act 1981 and :black_flag: Constitutional Reform Act 2005
power to remove a judge never used for English law, but was used in Ireland in 1830 to remove Jonah Barrington who had stolen £700 court funds
Lord Chancellor can, after consulting with LCJ, declare any judge vacant who through ill-health is incapable of carrying out work AND making decision to resign
inferior judges:
Lord Chancellor has the power to dismiss inferior judges, if has consent of the Lord Chief Justice (for incapacity - alcoholism/dementia - or misbehaviour)
:black_flag: Constitutional Reform Act 2005: LCJ also has power to suspend from office if subjected to criminal proceedings/have been convicted
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2009 - Judge Short dismissed for misconduct for 'inappropriate, petulant and rude' behaviour
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Separation of Powers
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all independent arms of the state, all separate from each other
however, there is a lot of cross-over
2: Immunity from Suit
immunity from prosecution for act done during judicial role, free to make own decisions with no influence
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