Chapter 9 - Judicial Independence and Neutrality Flashcards
Define Judicial Independence
The principle that those in the judiciary should be free from political control
Define Judicial Neutrality
Judicial Neutrality is where the judge operates impartially without personal bias
Explain Security of Tenure
Judges are offered an open ended term, limited only by the requirement they must retire at 75
Guaranteed salaries paid from what fund?
The Consolidated Fund (Judges salaries are considered ‘standing services’)
The offence of contempt of court means that…
The media, ministers and other individuals are prohibited from speaking out, so justice is offered unbiased
The growing separation of powers saw…
Law Lords removed from HoL and put into a Supreme Court and the Lord Chancellor’s post being downgraded (not got control of all 3 branches)
An independent appointments system was set up in 2005, called
The Judicial Appointments System
Senior judges are….
Extremely experienced and tend to take pride in their legal standing
How is Judicial Neutrality ensured?
The relative anonymity of senior judges
Restriction on political activity
Legal justifications of judgments have to be provided
Training (regulated by the Law Society)
What threats are there to Judicial Neutrality?
Judges are often elderly, male, white and middle class (struggle to have a totally unbiased view)
Many argue that HRA= politicisation of judicary
Define politicisation
The process by which individuals traditionally regarded as beyond the political fray are drawn to it. This has happened to the judiciary, arguably, as HRA drew it into areas of political controversy, and also because judges are appointed for political reasons
