Judicial Independence

Question 1

Four points for judicial independence

Answer 1

Security of Tenure

Limiting the role of the Lord Chancellor in appointing judge

Independence from the case

Salaries set by an independent body

 

Question 2

Security of Tenure

Answer 2

Ensures separation from the judiciary and government

Gives judges freedom to decide on the case based on the law without fear of repercussions

Only applies to Superior Judges - inferior judges in the lower courts do not have this security, and can be dismissed by the Lord Chancellor with consent of the Lord Chief Justice

Question 3

Limiting the role of the Lord Chancellor in appointing judge

Answer 3

Previously the appointment of Lord Chancellor has been heavily criticised as they have been politically motivated appointments

Also had an exclusive appointment list based on friends and nepotism - lack of diversity - since been removed

However this change will take years to be in effect since new judicial appointments are infrequent and law was only made in 2005

Question 4

Independence from the case

Answer 4

This is a positive as it helps to eliminate bias and prejudice in a case

Seen in Pinochet case where the connection was minor, but the retrial was still required.

However there may be many cases where there are links that are simply undiscovered, as the Pinochet case link was only discovered after the decision.

Question 5

Salaries set by an independent body

Answer 5

 This means judges cannot be threatened with a deduction in their pay if they make a decision which goes against the wishes of government, giving them independence and freedom to make decision without fearing repercussions on their pay.

 However, the salary is still ultimately paid by the government through the Ministry of Justice, so it is not truly independent. Wherever there is money involved, there is always the threat of corruption.