Judicial Independence (Contract) Flashcards
What is the main role of a judge?
To apply the law in a fair, unbiased way that is free form political influence
What are the 4 main ways judicial independence is achieved?
Security of tenure, Immunity from suit, Immunity from the Government/Executive, Independence from case
What is security of tenure?
Basically means guaranteed employment - Superior judges can only be removed by Monarchs, which gives them protection and Inferior judges can only be dismissed by the Lord Chancellor and both can only be dismissed on the grounds of serious misconduct or mental illness
What is immunity from suit?
Judges are not able to be sued for any acts they carry out while doing their job, including civil cases for actions/decisions made e.g. Sirrors v Moore: wrongly prosecuted but the judge did so in good faith
What is immunity from the government/executive?
Judges can make decisions that displease the government without threatening their job - this is guaranteed under s.3 Constitutional Reform Act 2005 (Lord Chancellor and other ministers may not seek to influence judicial decisions)
What is independence from the case?
Judges are not allowed to try any case in which they have an interest in the issue (Pinochet case) - they must be completely impartial
What are some reasons for having judicial independence?
Free to exercise powers without interference, protects the liberty of the individual, judges should be able to make decisions solely based on the evidence in front of them
What are the advantages of judicial independence?
Fairness: decisions are made based on the evidence presented/facts of case
Protection: judicial review protects citizens against unlawful gov. acts
Confidence: there is increased confidence in the law if the public is aware the decisions are fair and unbiased
