The judiciary- independence of the judiciary Flashcards
What are the 7 things that influence independence of the judiciary?
- The seperation of powers
- independence from the legislature
- Independence from the executive
- Freedom from pressure
- Independence from political bais
- Judicial enquiries
- Parliament
What is meant by the seperation of powers?
-in order to prevent a dictatorship
-made up of seperate institutions of the executive (administer laws) , the legislature (make laws) and the judicary (apply laws)
What is meant by indpendence from the legislature?
-law lords used to be in the house of lords but the constitutional reform act 2005 changed this and created the supreme court in 2009.
What is meant by independence from the executive?
-superior judges cannot be dismissed by the government
-constitutional reform act 2005 states that anyone involved like the lord chancellor must uphold independence
What is meant by freedom from pressure?
-salaries protected and paid out of a consolidated fund
-immunity from being sued for actions in the courtroom- Sirros V Moore.
-security of tenure- gov cannot sack.
What is meant by independence from political bias?
-full time judges should refrain from political involvement
What is meant by judicial enquiries?
-A judge can head a judicial enquiry which is political- no longer independent?
-William McPherson in the Steven Lawrence enquiry.
What is meant by parliament (in terms of its involvement)
-Parliament is supreme and it cannot be controlled by the judiciary at the end of the day.
Which arguments suggest the judiciary is independent?
- Security of tenure
- protected salaries
- immunity from suit
- no political involvement
- Judges have moved from parliament to the SC.
Which arguments suggest the judiciary is not independent?
- Lord Chancellor still involved in the appointment of judges.
