Independance Of The Judiciary

Question 1

What is judicial independence

Answer 1

judges must be free to exercise their judicial powers without interference from litigants, the state, the media or powerful individuals or entities, such as large companies.

Question 2

The three arms of the state

Answer 2

Executive (government)
Legislative (parliament)
Judiciary (judges)

Each have to be independent from each other

Question 3

Achieving judicial independence

Answer 3

The security of tenure
Independence from government
Independence from parliament

Question 4

The security of tenure

Answer 4

-a judge in a superior court cannot be dismissed by the government and as such have independence from government scrutiny

-a judge can only be dismissed by the monarch by appeal from parliament something which has never happened in the English legal system

Question 5

Independence from the government

Answer 5

• the judicial appointment commmision has ensured that the appointment of judges cannot be swayed by the political actions of the government

-judges cannot be dismissed by the government owing to the security of tenure, they are truly independent from government scrutiny

-independence is also guaranteed by s.3 of the constitutional reform act in that it instils this duty on members of the government who operate in and with the judiciary, including the lord chancellor

Question 6

Independence from parliament

Answer 6

-memebers of the judiciary are no longer allowed to sit in parliament

-members of judiciary are not involved in the day to day creation of legislation