Judicial Independence

Question 1

What is the role of judges?

Answer 1

1. To apply law in a fair, unbiased way, free from political influence.
2. Important that we have independent Judiciary
3. Important feature of the separation of powers

Question 2

How can Judicial Independence be achieved?

Answer 2

1. Security of Tenure
2. Immunity from being sued
3. Immunity from the Executive/ Gov
4. Independence from case

Question 3

What is Security of Tenure?

Answer 3

• Guaranteed permanent employment
• Superior judges not dismissed by Gov, can only be removed by Monarch.
• Give SJ protection and allows them to be independent in their judgements
• Inferior judges can be dismissed by Lord Chancellor, consent of Lord Chief Justice
• Usually only happens if misconduct is very serious.

Question 4

What is immunity from being sued?

Answer 4

• Judges given immunity from prosecution from any acts they carry out in performance of their judicial function.
• Immunity from being sued in civil case for action taken made in course of their judicial duties.
• In Sorros v Moore, judged wrongly ordered simone’s detention, it was held although the detention was unlawful - no action against judge as it was in good faith.

Question 5

What is Immunity from the Executive/ Gov?

Answer 5

• Judges can make decisions may dispose the gov without the act of dismissal.
• JI is guaranteed under s2 Constitution Reform Act 2005, states Lord Chancellor and often must not seek to influenced judicial decisions.
• Fact that judges are recommended for appointment by Judicial Appointments Commission also helps keep judges independent from the executive.

Question 6

What is independence from case?

Answer 6

• Judges might not try any case where they’re interest in issue.
• The Pinochet case reinforced this rule.
• Judges must be completely impartial.

Question 7

What are reasons for Judicial Independence?

Answer 7

• Free to exercise power without interferences
• Protects liberty of individuals from abuse of power by gov
• Judges should be allowed to make decisions that a gov agrees with. - ensure this gov not force judge to resign if they disagree.
• Judge should be free to decide cases solely based on evidence before term in court.

Question 8

What is advantages of Judicial Independence?

Answer 8

1. Fairness
2. Protection
3. Confidence