3: The seperation of powers and the independence of the judiciary

Question 1

What are the 3 main sources of power called?

Answer 1

The legislature- the law making arm of the state.

The Executive- The body controlling the law.

The judiciary- The judiciary apply the law.

Question 2

Why must the judiciary be independent?

Answer 2

So fair and impartial justice is delivered and no one person holds all the power.

Question 3

Independence from the legislature means what?

Answer 3

Full time judges aren’t allowed to be involved in parliamentary law making and can’t be MP’s.

Question 4

Independence from the executive means what?

Answer 4

The government must not try and influence judicial decisions to maintain fair and impartial decisions. Maintains democratic society.

Question 5

Independence from the case means what?

Answer 5

They are hearing as judges and must be completely impartial when making decisions. Can’t hear a case they may have interest in.

Question 6

What is immunity from suit?

Answer 6

Judges can’t be sued in the civil courts or prosecuted in the criminal courts, for actions taken in connection with their judicial duties.

Question 7

Security of tenure means what?

Answer 7

Judges are difficult to remove. Judges can make decisions without fear of being dismissed by government. Superior judges- only fired by monarch.

Question 8

Why is the selection process for judges less likely to be politically influenced now?

Answer 8

Judicial Appointments Commission ensure judges are now appointed solely on merit rather than being “recommended”.