Judicial Independence A01 Flashcards
What is the theory of the separation of powers?
The separation of powers theory divides the state and law-making process into three primary functions:
- Legislature: Parliament, responsible for making laws.
- Executive: The Government, responsible for deciding and administering laws.
- Judiciary: Judges, responsible for applying the law.
Why is judicial independence important in the separation of powers?
Judicial independence ensures that the judiciary can apply the law without influence from the legislature or executive, protecting citizens’ rights and preventing dictatorship.
How is judicial independence maintained from the legislature?
Judges rarely participate in the legislative process. Historically, the Law Lords were part of the House of Lords, but after theConstitutional Reform Act 2005, the Supreme Court was created, removing judges from the legislative process.
How is judicial independence protected from the executive?
Superior judges cannot be dismissed by the government.Section 3 of the Constitutional Reform Act 2005ensures the Lord Chancellor and other ministers must uphold the judiciary’s independence.
How is judicial independence safeguarded in terms of financial pressure?
Judges’ salaries are protected and paid from a consolidated fund without needing Parliament’s approval, ensuring they cannot be influenced by government decisions on pay. Additionally, judges are immune from lawsuits for decisions made in the courtroom (e.g.,Sirros v Moore (1975)).
What is “security of tenure” for judges?
Security of tenure means judges cannot be sacked or threatened with removal from their post, ensuring they can make decisions without fear of political or executive retaliation.
How does the judiciary maintain independence from political bias?
Full-time judges must refrain from political involvement. InRe: Pinochet (2000), a decision was re-heard due to allegations of political bias, demonstrating the importance of impartiality.
How do judicial inquiries affect judicial independence?
Judges can be appointed to head judicial inquiries (e.g.,Sir William McPherson and the Stephen Lawrence Inquiry), which may involve political issues. Some argue this reduces their independence, as they become more involved in political matters.
Can the judiciary challenge Parliament?
While the judiciary is independent,Parliament is the supreme lawmaker. Therefore, the judiciary cannot truly question Parliament’s actions or laws, maintaining the principle of parliamentary sovereignty.
