UK Supreme Court Flashcards
How does security of tenure contribute towards judicial independence
Security of Tenure
- Judges cannot be removed, unless they have been corrupt and failed to conduct themselves should do, or reach the age of 70, at which point they retire.
- as a result, this establishes judicial independence because judges can makde decisions without fear of reprisal from one of the other branches of government, where they may have rule against them.
How does security of pay contribute towards judicial independence
Security of Pay
- their pay is decided by an independent body, the Senior Salaries Review Body, and the PM almost always follows their decision
- if the government were to control judges salaries, they could use it as leverage against them and try to influence the decisions they make.
How does the rule of sub-judice contribute towards judicial independence
Sub-judice
- holds that it is a contempt of court for any member of government to publically comment politically on the outcome of a case, or to attempt to influence its outcome
- alleviates political pressure on judges to act in a certain way by punishing those members of govt who try to influence a case
What is the difference between judicial independence and judicial neutrality
Judicial independence
- the principle that judges should be separate from other branches of government and can’t be influenced by them. (external influence)
Judicial Neutrality
- the principle that judges’ decisions can’t be influenced by personal political leanings and should remain outside of party politics.
How might their judicial independence be limited?
Lord Chancellor
- theoretically could veto the decisions of the independent Select Commission when it comes to replacing a judge on the Supreme Court
- this has never been done though
How does the appointments process help establish judicial independence?
Appointments process
- a select commission, made up of the incumbent President of the Supreme Court, and other senior judges. They assess and decide whether the judge, who has applied to be part of the Supreme Court, is fit for the job.
- independence from political influence also implies an independent appointments process because the judge needs to be appointed on an impartial basis, or else this could lead to collusion between the judiciary and political branches.
In what ways could the court not be considered judicially neutral?
- how can justices be neutral and balanced if they only represent a very narrow social background. 11 of the 12 justices are male, and the vast majority are privately educated and Oxbridge graduates
- all white, fairly old men, except one female
- Lord Reed, President of the SC, and Lord Kerr (who retired in 2020), both hold life peerages, meaning they can return to the Lords after their tenure. This could potentially influence their decisions whilst acting as judges.
What are the arguments for the Court being neutral
- peer review
- restrictions on party membership
- training and experience
