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Judiciary: Superior/Inferior Judges - Coggle Diagram

- - - - Theory was first put forward by Montesquieu, French political theorist in 18th century – theory states that there are 3 primary functions of the state, and only way to safeguard liberty of citizens is by keeping 3 functions separate. Power of each is exercised by an independent and separate body, each can keep check on others and limit amount of power wielded by any group. There is some overlap, especially the fact that the lord chancellor is involved in all three functions – this role has been reduced though. Overlap with executive and legislature in that those ministers forming gov also sit in parliament and are active in law making process. Very little overlap between judiciary and other branches, apart from lord chancellor, which means the judiciary can check and ensure executive does not overstep constitutional powers, accordance with Montesquieu’s theory
      - independence of judges from legislature: Generally, not involved in law making function in parliament – full time judges are not allowed to be members of house of common
        Used to be judges in house of lords when appellate committee of house of lords, the main reasons for the creation of the supreme court in 2009 was to separate the judiciary from the legislature – the judges of the judiciary from the legislature. Judges of the supreme court are not allowed to be members of the house of lords
      - independence of judges from executive: Superior level judges can be dismissed by gov and in this way they can be truly said to be independent of the government – they can make decisions which may displease the government without the threat of dismissal. Judicial independence is now guaranteed under s 3 of constitutional reform act 2005 – states that lord chancellor, other minister in the gov and anyone with responsibility for matters relating to judiciary or admin of justice must uphold continued independence of judiciary. Section also states that lord chancellor and government minister and gov ministers must not seek to influence judicial decisions