Advantages of judicial independence A03 Flashcards
What are the 4 WDPs for advantages of judicial independence
Separation of powers
Judges salaries are protected
Security of tenure
Free from political bias
+P1: separation of powers
helps to uphold democracy, each branch can keep checks and balances on each other
+DP1: judges independence from the legislature
fair as they are unelected unlike parliament who are elected by the public = increased public confidence in democracy in the criminal justice system
-WDP1: judges can create precedent
undermines the separation of powers principle - can cause loss of public faith in the judiciary
+P2: judicial independence - judges salaries are protected
reduces corruption, judges are paid out of a consolidated fund without the need for parliaments approval = not likely to be acting to favour the govt
+DP2: immune from being sued for their actions/decisions within the court room
judges are free to act fairly and honestly - Sirros v Moore judge didn’t have to pay damages for an error
-WDP2: judges may have other motives outside of their salary
e.g: act in favour of the government which reduces transparency
+P3: security of tenure - the govt cannot dismiss judges
ensures judges are more inclined to act purely in the facts and evidence = increased fairness
+DP3: defence can appeal the decision
provides df with a way to challenge = increased public confidence in the system
-WDP3: security of tenure makes judges harder to remove
particularly in superior courts which is problematic as if the decisions are unfair they will end all the courts below = unfair
+P4: judiciary are free from political bias
full time judges must refrain from political involvement = increased chance of having a fair trial without bias
+DP4: if they are biased, the df can appeal
Re:Pinnochet UKSC heard the case on appeal due to political bias = increased fairness
-WDP4: judges decisions may be influenced by their own prejudice
lack of diversity in the judiciary, can lead to prejudiced verdicts e.g: R v Brown
