IoSCoL: Independence

Question 1

How is the Supreme Court independent?

Answer 1

1. Opened in 2009. UK Supreme Court is housed in Middlesex Guildhall and directly faces Parliament on Westminster Square. Physical separation.
2. Judges in the UK are not permitted to be members of a political party.
3. Since the Act of Settlement 1701, a senior judge can be removed only by a resolution passed by both Houses, security of tenure.

Question 2

Who determines judges’ salaries and why is this significant?

Answer 2

1. Not determined by Parliament.
2. Government follows the recommendations of the Senior Salaries Review Body.
3. Payment is made directly from the Consolidated Fund.
4. No government could seek to influence the judiciary through financial incentives.

Question 3

How does the CRA 2005 preserve independence?

Answer 3

1. Removing the Law Lords from the Appellate Committee.
2. Designed to make appointments for transparent.
3. Previously, the Lord Chancellor had advised the prime minister through ‘secret soundings’ of senior judges.
4. Could lead to a self-perpetuating socially elitist judiciary.
5. Judicial Appointments Committee was established.

Question 4

How are judges appointed by the JAC and contrast with the USA?

Answer 4

1. 5 person selection committee comprising the lord president of the Supreme Court, a senior judge and representatives of the JAC of E,W,S and NI.
2. If the candidates are deemed to be of equal merit, then they are allowed to prefer one over the other for increasing diversity.
3. President appoints with consent of the Senate, more politically partisan.

Question 5

Why are cases made to be public?

Answer 5

1. Court cases are generally open to the public and judgements are in the public domain, any prejudice would be quickly published in the media.
2. The full proceedings of the Supreme Court can be photographed and are lived streamed so the public is fully informed of how it makes its judgements.

Question 6

What is ‘sub judice’?

Answer 6

1. A case is being heard.
2. Parliament cannot express an opinion as this would breach the separation of powers can undermine judicial independence.
3. If one of the members of the executive or legislative did this, contempt of court.

Question 7

Judicial independence:

Answer 7

The rule of law is that judges must be independent of control or persuasion by the executive or legislative. Can only fairly administer justice if they are free to act without government pressure.

Question 8

Judicial neutrality:

Answer 8

The rule of law requires the elimination of political bias.

Question 9

Criticisms of judicial independence: google this

Answer 9

1. Most judges of the Supreme Court have been privately educated and attended Oxford or Cambridge universities make them ill-suited to interpreting the law in the contemporary setting.
2. In 2022, Lady Rose was the only female judge on the Supreme Court.

Question 10

In what way does the government retain some political influence over appointments?

Answer 10

1. CRA 2005 merged the position of lord chancellor with that justice secretary.
2. The JS, who is a member of the cabinet, does not need to have a legal background.
3. Selection committee for new Justices of the Supreme Court must pass their recommendations to the justice secretary.
4. They can request further information and retains the right to reject a nominee.
5. This power can only be used in exceptional circumstances and only one nominee can be rejected.

Question 11

How can justices be pulled into political disputes?*

Answer 11

In 2019, justice secretary Liz Truss failed to defend judges when they were being vilified in the right-wing press for allegedly frustrating Brexit.