Judicial Independance P3 Flashcards
What is judicial independence and why is it needed
Refers to the ability of judges to resist pressure from the other two arms of the state ie the government (the executive) and parliament (the legislature)
It is needed to uphold the key principle of law - fairness
Who is the executive and what is there role
The government
Runs the country and has responsibility for developing policy and implementing and for drafting law
Who is the legislature and what is there role
Parliament
Check and challenge the work of the government, change law, debate the important issues of the day
Who is the judiciary and what is there role
The law
Interpreting and applying the law enacted by government
What’s de all the ways that judges of the ELS are independent
Security of tentare of superior judges
Tenure of inferior judges
Immunity from suit
Independence from the executive
Independence from case
What is security of tenture of superior judges as a form of independence for judges
They cannot be dismissed by the government - they can only be removed by the monarch following a petition presented to both Houses of Parliament
It gives judges protection against political whims
Before Act of settlement 1701 - the monarch dismissed them alone (they would suck up to the monarch)
What is tenure of inferior judges as a form of independence for judges
Inferior judges can be dismissed by the lord chancellor with the consent of lord chief justice for incapacity or misbehaviour
Complaints are investigated by judicial conduct investigations (own body)leading to warnings, reprimands or removals
What is immunity from suit as a form of independence for judges
Judges are given immuunity from prosecution for any act they carry out in performance of their judicial function
They cannot be sued in civil law for any acts made in the course of their judicial duties
They also have immunnity form being sued for defamation for the things they say about parties or witnesses in the course of hearing cases - allows them to perform duties without fear of repercussions
Which case confirmed immunity from suit for judges
Sirros V Moores (1975)
What is independence form the executive as a form of independence for judges
Superior judges cannot ve dismissed by the government - can make decisions that may displease the government without fear of the threat of dismissal
Consitutional Reform Act 2005- Lord Chancellor and any other with responsibility for administration of justice must uphold the continued independence of the judiciary
Judges are appointed by Judicial Appointments Commision (JAC)
Full time judges cannot be member of house of commons and cannot sit in house of lord (Supreme Court in 2010)
What is independence from case as a form of independence for judges
Judges must not try cases where they have a personal (or professional) interest
Which case displayed the independence from case for judicial independence
The Pinochet Case (1998)
What are all the reasons for judicial independence
Judges protect our liberty
Judges have to do their job without fear of repercussions
Judges should be free from pressure
The ELS requires public confidence
Explain ‘Judges protect our liberty’ as a reason for judicial independence
Independent judiciary protects the libity of the public from abuse of power by the executive - essential for maintaining democracy
Explain ‘Judges have to do their without fear of repercussion’ as a reason for judicial independence
Government cannot force a judges to resign if he makes a decision to which the government disagree
Judicial Review - judges deciding on legality or validity of decisions of the government - judges need to carry out this without worrying about repercussions
EG 2018 2 victims of serial sex attack john worboys won a judicial review overturning the parole boards decision to release him
