Judicial Independance

Question 1

Security of Tenure of Superior Judges.
- Judges in the Supreme Court / CA / High Court

Answer 1

> Have a security of tenure that they cannot be dismissed by the government, can only be removed by the monarch following a petition presented to him by both Houses of Parliament.

Question 2

Security of Tenure of Inferior Judges
- Circuit / Recorder / District Judges

Answer 2

> Do not have the same security of tenure as superior judges, the Lord Chancellor, with consent of Lord Chief Justice, can dismiss IJH for incapacity or misbehaviour

Question 3

Immunity from suit

Answer 3

> Judges are given immunity from prosecution for any acts they carry out in their performance of their judicial functions - SIROS V MOORE:
Immune from being sued in a civil case and immune from being sued for defamation for the things they say about people in course of a case.

JUDGES CAN PEFORM DUTIES WITHOUT FEAR OF REPERCUSSIONS, COMPLETE INDEPENDENCE

Question 4

Independence from the executive

Answer 4

> SJ can’t be dismissed by government, can make decisions that may displease government without fear of a dismissal.
Ministers must not seek to influence particular judicial decisions

Question 5

Independence from the Legislature

Answer 5

> Judges are generally not involved in the law making functions of Parliament
- CONSTITUTIONAL REFORM ACT 2005 s3

Question 6

Independence from cases

Answer 6

> Judges must not try any cases where they have any interest in the issues involved

Question 7

Reasons for Judicial Independence

Answer 7

1) Protects the liberty of the individual from abuse of power by the executive, if gov could make judges decide the way they wanted, their opponents may be imprisoned without reasonable cause

2) Gov cant force a judge to reign if they make a decision that the government of the day disagrees

3) Judges should be impartial in their decisions, decide cases solely on evidence presented in court

Question 8

Role of the judiciary at first instance in the civil courts:
- COUNTY / MAGISTRATES / KBD / CHANCERY & FAMILY

Answer 8

> Deal with pre-trial issues like tracking & case management
Acting as trial manager
Hearing a evidence and legal arguments during the trial
Ruling on legal issues during the trial
Deciding liability
Awarding Damages or other emeries such as injunctions