judicial independence

Question 1

what are the key doctrines that underpin the work of the judiciary?

Answer 1

-the rule of law
-judicial independence and impartiality

Question 1

what’s the rule of law?

Answer 1

• no one can be punished without trial
  -no one is above the law
  -the general principles of the constitution result from the decisions of the judges

Question 2

judicial independence: SOT

Answer 2

-security of tenure
-judges are appointed for an open ended term, making it harder for politicians to influence them by threats to sack or suspend them
-removing a judge by impeachement would require a vote in both houses of parliament, and the monarch agreeing

Question 3

judicial independence: GS

Answer 3

-guaranteed salaries
-their salaries are paid automatically from the consolidated fund
-this means politicians are unable to control judges by manipulating their salaries

Question 4

judicial independence: COC

Answer 4

-contempt of court
-under the ‘sub judice’ rule, the media, ministers and wider public cannot speak out publicly during legal proceedings

Question 5

judicial independence: GSOP

Answer 5

-growing separation of powers
-caused by constitutional reform act
-the downgrading of the post of lord chancellor and the creation of a new UK supreme court enhanced the separation between the senior judiciary and other branches of government

Question 6

judicial independence: JAC

Answer 6

-creation of the judicial appointments commission brought greater transparency of appointments and served to address accusations

Question 7

judicial independence: TAE

Answer 7

-training and experience
-takes a minimum of 15 years to progress into the supreme court