Separation of Powers and Judicial independence

Question 1

What does Judicial independence stand for/mean?

Answer 1

Independence refers to judges being kept separate from the other branches of government (executive and legislative branches).

Question 2

Constitutional Reform Act 2003:

Answer 2

Ensured separation of the judiciary by changing the name of the top appeal court from House of Lords to Supreme Court

Also moved this court out of the Parliament buildings and into a separate building opposite Parliament

Also made the ‘Law Lords’ into Supreme Court Justices so they were no longer members of the House of Lords

Question 3

Other ways of ensuring independence:

Answer 3

Judges are required to ignore outside influences when making decisions (Constitutional Reform Act 2003, s.3) - Includes pressure from Parliament, public, and their own prejudices

Security of tenure = cannot be sacked by govt for their decisions (superior only)

Immunity from suit = cannot be sued/prosecuted for decisions or comments (Sirros v Moore – false imprisonment claim failed)

Salaries paid from independent Consolidated Fund – no need for Parliament’s authorisation

Independence from the case = cannot hear a case they have links to (Pinochet)

Question 3

Why is this needed?

Answer 3

Protects our liberty as it stops abuse of power by government;

Route to challenge government activity (R (Miller) v Prime Minister);

Judicial decisions based solely on the law;

Leads to high levels of public confidence in the system

Question 4

Why is this needed?

Answer 4

Protects our liberty as it stops abuse of power by government;

Route to challenge government activity (R (Miller) v Prime Minister);

Judicial decisions based solely on the law;

Leads to high levels of public confidence in the system

Question 5

Three branches of power in every government:

Answer 5

Legislature (Parliament – makes the law)

Executive (government – makes the policies about how the law works)

Judiciary (courts – enforces the law)

Question 6

Separation of powers

Answer 6

Idea created by French theorist Montesquieu in 18th Century and adopted by most democratic nations around the world

In order to make the law fair and democratic these should all be kept separate so that there isn’t one person/group who holds all of this power

Checks and balances also exist – so each of the ‘branches’ has power to check the other branches are working correctly/not abusing their powers

Question 7

UK separation of powers:

Answer 7

Constitutional Reform Act 2003 ensured the judiciary were separated:

Prior to this, Lord Chancellor was involved in all three branches

House of Lords was top appeal court AND law making branch

Now Supreme Court is separate from Parliament (new building too)

However our legislature (Parliament, MP’s and Lords) and executive (Prime Minister and Government Ministers) are not separated at all

Rishi Sunak is Prime Minister (executive) and an MP (legislative)