The Judiciary Flashcards
State 2 factors that limit Judicial independence
. The absence of a written constitution means that judges can’t refer to a document to get their way, they have to rely on interpretations which can be easily be challenged which stops things from happen.
. The sovereignty of parliament means that both constitutionally and legally parliament has the ultimate power to decide everything Meaning judges have little actual decision making power.
State 2 factors of that support the fact that judges are too powerful
. Judges are nearly entirely immune from being sued or prosecuted meaning they can make any decision without having to fear the consequences that decision caused.
. Judges of the Supreme Court can only be removed from office on an address from parliament or the queen and this practically never happens meaning their position is nearly entirely secure.
What is judicial neutrality?
. Judicial neutrality removes the bias of the judiciary itself.
. For it to be neutral, judges need to treat all those that come before them equally and need to ensure that they are fair and impartial in their dealings.
