Judicial Independance Flashcards
What is judicial independence?
Judicial independence refers to the principle that judges must be free to make decisions based on law without interference from the government or other external pressures.
Why is judicial independence important?
It ensures fairness in the legal system, maintains the rule of law, and protects individual rights by allowing judges to make impartial decisions.
How does the Constitutional Reform Act 2005 strengthen judicial independence?
It established the separation of powers by removing the role of the Lord Chancellor as head of the judiciary, creating the Supreme Court, and formalising judicial appointments via an independent commission.
What is the role of the Judicial Appointments Commission (JAC)?
The JAC is responsible for selecting judges based on merit, ensuring appointments are made independently of political influence.
How is judicial independence protected from executive influence?
Judges have security of tenure, meaning they cannot be dismissed by the government except in very limited circumstances and through a rigorous process.
What is security of tenure, and how does it protect judges?
Security of tenure means judges cannot be removed from office by the government unless they have acted improperly, ensuring they can make decisions without fear of losing their job.
How are judges protected from financial influence?
Judicial salaries are determined by an independent body and cannot be reduced by the government, ensuring financial independence.
How does the immunity from lawsuits protect judicial independence?
Judges are immune from being sued for decisions made in their judicial capacity, which allows them to make rulings without fear of personal legal consequences.
What is the importance of neutrality in judicial independence?
Judges must remain politically neutral to ensure they make decisions based on law and justice, not political beliefs or public pressure.
How does separation of powers support judicial independence?
The judiciary is kept separate from the legislative and executive branches of government, preventing undue influence from politicians.
Give an example of a case that demonstrated judicial independence.
In R (Miller) v Prime Minister (2019), the Supreme Court ruled that the Prime Minister’s advice to prorogue Parliament was unlawful, showing the courts could challenge government actions.
What are contempt of court laws, and how do they protect judicial independence?
Contempt of court laws prevent improper interference with the judicial process, such as influencing or intimidating judges or jurors.
What role does the Supreme Court play in ensuring judicial independence?
As the highest court in the UK, the Supreme Court ensures that key legal and constitutional issues are decided independently of government influence
How is judicial independence challenged in the modern day?
Political pressure, media scrutiny, and attempts by the government to influence legal outcomes can all pose threats to judicial independence.
How can judicial independence be maintained in the future?
Continued reforms to ensure appointments are transparent, respect for the judiciary from political leaders, and protection from external pressures are key to maintaining independence.
