Chapter 8 - 6/10 - The independence of the judiciary Flashcards
Why does an effective democracy depend on judicial independence?
- Without the check on the power of government, tyranny may result.
- Fair and equal protection of rights.
- Protection from external influences that politicians cannot do.
- Neutrality to stop government making self-serving decisions.
What are the 4 principles that ensure judicial independence?
- Security of tenure.
- Contempt.
- Independent appointments.
- Training and experience.
What is security of tenure?
The principle that judges cannot be removed from office on the grounds of their decisions; the only way they can be removed is by a majority vote in both Houses on their misconduct or corruption. Their salaries are also protected.
What is the principle of contempt in maintaining judicial independence?
- Any servant of the government cannot interfere with the result of a court case or comment on a case in public or Parliament. This prevents any political pressure being placed on judges.
When was the judicial appointment system reformed?
2005 - Constitutional Reform Act.
Who appoints judges as of 2005?
The politically independent Judicial Appointments Commission; there can now be very little political influence.
How must judges act?
Independent and neutral.
What are the 5 arguments that UK judges are indeed independent and neutral?
- The CRA 2005 removed most threats to their independence.
- Security of tenure.
- Security of salary.
- Appointments are made by the independent Judicial Appointments Commission.
- Both Labour and Conservative governments have been controlled by judicial decisions.
What are the 4 arguments that suggest UK judges are not independent and neutral?
- The most senior judges are subject to influence from government.
- Judges are mostly old white males from privileged backgrounds.
- They have been criticised for both favouring individuals rights and state security (this could be seen as both supporting and opposing the arguments for independence).
