Judicial Independence - Paper 3

Question 1

What is the role of a Judge?

Answer 1

To apply the law in a fair and unbiased way, without political influence

Question 2

What are the main ways judicial independence is achieved?

Answer 2

1) Security of Tenure
2) Immunity from Suit
3) Immunity from the Executive
4) Independence from Case

Question 3

What does Security of Tenure mean?

Answer 3

Guaranteed permanent employment, meaning it is hard to dismiss superior and inferior judges

Question 4

How are Judges given immunity from being sued?

Answer 4

Judges are given immunity from prosecution for any acts they carry out in performance of their judicial function, e.g. in Sirros v Moore

Question 5

How is Immunity from the Executive ensured?

Answer 5

S.3 Constitutional Reform Act 2005 states the Lord Chancellor and other ministers must not seek to influence judicial decisions, and the fact they are recommended for appointment by the Judicial Appointments Commission

Question 6

What does Independence from Case mean?

Answer 6

Judges must not try any case where they have any interest in the issue involved, reinforced in Pinochet

Question 7

What are the advantages of Judicial Independence?

Answer 7

1) It ensures fairness
2) Protects citizens against unlawful acts of the government
3) Increases public confidence in the judicial system