Separation of Powers and judicial independence

Question 1

Constitutional Reform act 2003

Answer 1

Ensured seperation of judiciary by changing name from house of lords to supreme court
Also moved court out of parliament and into separate building
Also made the ‘law lords’ into supreme court justice so they were no longer members of house of lords

Question 2

Other ways

Answer 2

Judges ignore outside influences (s.3 - includes pressure from parliament, public and own prejudices)
Security of tenure - cannot be sacked for decisions
Immunity from suit - cannot be sued for decision or comments (sirros v moore)
Paid from independent consolidated fund - no need for parliament authorisation
Indepdence from case - cannot hear case with links (pinochet)

Question 3

why is it needed

Answer 3

Protects liberty by preventing abuse of power of government
Route to challenge government activity (Miller v prime minister)
Judgicial decisions based solely on law
Leads to high levels of public confidence

Question 4

Three branches of government

Answer 4

Legislature (parliament - make laws)
Executive (government - makes policies about law)
Judiciary (courts - enforce law)

Question 5

Seperation of powers

Answer 5

Idea by french theorist montesquieu in 18th century and adopted by most democratic nations
In order to make law fair and democratic, powers should be kept seperate so there isnt one who holds all power
Checks and balances exist - each branch has power to check other branches are working correctly

Question 6

UK seperation

Answer 6

Constitutional reform act 2003
Prior, lord chancellor involved in all 3 branches
House of lords was top appeal court AND law making branch
Now supreme court separate
However legislature and executive have no separation
Rishi sunak is PM and MP

Question 7

P: Limited role of chancellor

Answer 7

Constitutional reform act 2003 kept lord chancellor away from judicial appointments - was too exclusive
Now by judicial appointments commission (independent group)

Question 8

P: Creation of supreme court

Answer 8

Constitutional reform act - physical separation and significant distance from govt/parliament = greater protection for separation to prevent undue influence by parliament

Question 9

P:security of tenure / immunity of suit

Answer 9

Means job security so govt cannot threaten to sack if judges dont make decision they want so judges free to make correct decisions
Cannot sue judges (sirros v moore) so judges make deicsion without fear of prosecution or repercussions

Question 10

P: independence from legislature and executive

Answer 10

Cannot be infleunce by government (Miller, s.3 CRA), now appointed by indpeepdent JAC - protects democracy

Question 11

Independence from case

Answer 11

Judge cannot decide a case if they have any connection to it (pinochet) - ensures independence but may be bias if links undisclosed

Question 12

Salaries set by independent body

Answer 12

Set by senior salaries review body who are independent from government - judges cannot be threatened with salary reduction if they make decision against gov (but still paid for by MoJ so not completely separate)