Independence of the Judiciary - P3

Question 1

What is Montesquieu’s theory of Separation of Powers?

Answer 1

In order to safeguard the liberty of citizens, the three arms of the state need to be kept separate.

Question 2

What are the three arms of the state?

Answer 2

• Parliament (legislature)
• Government (executive)
• Judiciary.

Question 3

What are the three reasons for Judicial Independence?

Answer 3

• Critical for maintaining the Rule of Law.
• Judicial review cases challenge the legality of government decisions or actions.
• Judges should be impartial and free from influence.

Question 4

What are the three advantages to Judicial Independence?

Answer 4

• The Judiciary are able to protect citizens against the government.
• Increases public confidence.
• Decisions are made on the facts of the case and the law.

Question 5

What is immunity from suit?

Answer 5

Judges are given immunity from suit (Sirros v Moore).

• This means they are free from any legal action while serving correctly in their capacity as a judge.

Question 6

What is security of tenure?

Answer 6

• Judges should not be under control of the government (the executive)
• Judges should not be removed as a government changes
• Individual judges are not criticised in parliamentary debates.

Question 7

What is independence from the Executive?

Answer 7

Judges have to be indifferent from external pressures so as to a fair trial.

Question 8

The judiciary should ignore pressure from the Executive to do what?

Answer 8

• Manoeuvre or coerce a judge into making pro-Executive decisions
• Force a judge to rule against those who oppose the Executive’s policies

Question 9

What are some influences Judges should ignore?

Answer 9

• Parliament (the legislature)
• Other judges, unless bound by precedent
• Pressure groups
• Their own self-interest, opinions, or beliefs
• The media