judicial independence Flashcards
Independence of the judiciary
judges must be free to do their job without outside influences
security of tenure- superior judges
Superior judges cannot be dismissed by Government, only by the monarch following a petition from both houses of Parliament.
security of the tenure- inferior judges
A judge cannot be dismissed for doing their job, but can be dismissed for misbehaving. Complaints investigated by independent office (not Government).
immunity from Suit (think of SUED- sounds similar)
Judges cannot be prosecuted or sued in a civil case for acts carried out as part of their job. Confirmed in Sirros v Moore.
independence from executive
Superior Judges cannot be dismissed by Government so can be seen to be independent of the Government. Supreme Court ruled against Prime Minister Theresa May in a case following the BREXIT vote.
independence from legislature
Judges are not involved in the law making functions of Parliament therefore supporting the separation of powers.
constitutional reform act 2005 establishes what
established Supreme Court and that Ministers must not try to influence judicial decisions both supporting independence of judiciary from executive and legislature.
independence from case
Judges should not be involved in a case which they have a personal connection to