Judicial Independence and neutrality Flashcards
What is judicial independence?
the principle that those in the judiciary should be free from political control
What does judicial independence allow judges?
to ‘do the right thing’ and apply justice properly without fear of consequences
What is judicial neutrality?
this is where judges operate impartially when administering justice
Why is judicial neutrality necessary ?
as part of the rule of law
What 3 things under the rule of law is judicial neutrality necessary because of?
- everyone is equal under the law
- no one is above the law
- everyone is entitled to a free and fair trial
What does the absence of judicial independence threaten?
judicial neutrality
Why does the absence of judicial independence threaten judicial neutrality?
because if judges are being controlled they are not able to be impartial
Why doesn’t judicial independence guarantee judicial neutrality?
as judges may still allow their personal views to influence their administering justice
In what 5 ways (in theory) is judicial independence maintained?
1) security of tenure
2) Guaranteed Salaries
3) Contempt of Court
4) Independent appointments system
5) training and experience
What is security of tenure?
holding of an office , they won’t get sacked
As it is extraordinarily hard for judges at High Court level and above to be removed, how is the only way that they can be ?
-As a result of impeachment proceedings requiring a vote in both houses of Parliament
Who can remove those in more junior ranks of the judiciary? (2)
The Lord Chancellor
and
The Lord Chief Justice
When were 2 junior judges dismissed for misconduct?
2005
Where do judges salaries come from which makes them free from political manipulation?
the Consolidated Fund
What is an advantage about judges salaries?
They are free from political manipulation
