The Independence of the Judiciary

Question 1

Independence vs Neutrality

Answer 1

Independence - Judges have their own minds and make their decision solely based off of what evidence is presented (can’t be influenced)
Neutrality - the are not bias to any cases, make a fair decision

Question 2

Separation of powers

Answer 2

The Executive (government) = propose the law
The Legislature (parliament) = approve of the law
The Judiciary (judges) = interpret the law

Question 3

Overlap of powers

Answer 3

• the government is part of parliament
• The role of the Lord Chancellor used to span all (in the cabinet, an mp and the most senior judge) three branches but because of the Constitutional Reform Act 2005 the Lord Chancellors judicial role was downgraded
  Current Lord Chancellor is Dominic Raab

Question 4

Independence from the legislature

Answer 4

• judges aren’t involved in law making (parliament’s job)
• full time judges can’t be members of parliament but part time judges can
• supreme court judges aren’t allowed to be members of the House of Lords despite having the title Lord/Lady. (once retired they are put into the Lords by the King

Question 5

Independence from the Executive

Answer 5

• superior judges can’t be dismissed by the gov
• judges are free to make decisions that displease the gov
• it is the duty of the Lord Chancellor and any other minister with responsibility for justice to publicly uphold the independence of the judiciary

Question 6

Freedom from pressure

Answer 6

• judges salaries are automatically paid from the ‘consolidated fund’, parliament can make changes to retirement ages and qualifying periods for pensions
• judges can’t be sued over decisions made during the course of their duties
  ‘Security of tenure’ - superior judges can’t be dismissed, except by the King. Lower judges can be dismissed by the Lord Chief Justice after consulting the Lord Chancellor

Question 7

Judicial review cases

Answer 7

• judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision/action made by a public body (judicial reviews are a challenged to the way a decision was made rather than the rights and wrongs of the conclusion reached)
  e.g. Brexit case

Question 8

Position of the Lord Chancellor

Answer 8

Pre-2005
- speaker of House of Lords, Head of judiciary and a judge in the House of Lords, selected judges, appointment of King’s Counsel (KC)
Currently
- separate role performed by someone else, still a member of the cabinet, Lord Justice Chief is head of the judiciary and Lord Chancellor no longer needs to be a judge or even a lawyer, selection of judges is the responsibility of the Judicial Appointments Commission, Appointment of KC is now done by an independent panel