Independence of the judiciary Flashcards
What are some of the long-established principles in English legal system? (Judges and the executive) 4
Judges should not be under control of gov
Judges should not be removed as gov changes
Individual judges not criticised in parliament debate
Judicial removal mechanisms and length of tenure
should be firmly established in law
What are the requirements to be a judge?
Be able to serve for minimum five years
Must retire by 70 years old
When can judges be removed
If there is an allegation of misconduct
How are High Court Judges and Court of Appeal Judges removed?
By petition to the Crown following an address presented to both Houses by virtue of the Act of Settlement 1701
How are Supreme Court Judges removed
Similar to High Court/Court of Appeal Judges.
Can appear before tribunal before parliamentary motion.
How can Circuit and District Judges be removed?
By the Lord Chancellor on ground of misconduct or incapacity, but.
Who has to agree in order for a circuit/district judge be removed?
Lord Chief Justice agrees with Lord Chancellor
What are judges immune from?
From law suits while serving correctly in their capacity as judge
What is the case for immunity from suit?
Sirros v Moore
What is the doctrine of separation of powers
Judiciary must remain separate from the government and Parliament
What must judges be free from?
Political bias or influence
What should the judiciary ignore pressure from the executive to do? 2
Manoeuvre or coerce a judge into making a certain decision
Force a judge to rule against those who oppose the executive’s policies
What are some influences judges should ignore?
Parliament Other judges Pressure group Their own self-interest The media
What is judicial independence important to? 4
Ensure the verdict is decided only upon evidence of the facts
Ensure juries decide the verdict based on facts and not any other influence
Deliver fair and impartial justice
Protect citizens against unlawful actions of gov
How is judicial independence protected?
Judges have immunity from being prosecuted for any acts performed during judicial function
Judges immune from sue over defamation
Errors can be appealed
Judges salaries not set by executive.
