Advantages and Disadvantages of Judicial Independence

Question 1

A1 - fair and impartial justice is delivered

Answer 1

Judges are independent they make decisions of the facts of the case. Judges are free to make unpopular decisions that are based on facts only

Question 2

A2 - citizens are protected

Answer 2

Protected against unlawful acts of governments. Eg; individuals can make applications for judicial review with regards to decision made by public body such as the Govt or local council. Judges decisions will be fair as they are independent and impartial justice done on behalf of the individual.
- 2016 Brexit case R miller v secretary of state for existing European Union
- 2019 sc help Johnson’s decision to suspend parliament was unlawful.

Question 3

A3 - public confidence in the judiciary

Answer 3

Public have trust in the system because they know cases with be dealt with fairly and impartially no pressure from the media. Transparent legal system important in democracy
- Pinochet case concerned human rights violations by a Chilean dictator retrial ordered when it was discovered that Lord Hoffman judge hearing the case was director of amnesty international. Ensure justice is done

Question 4

A4 - no one person or body of people hold all the power in society when judiciary is independent

Answer 4

Judicial precedent is an important part of the doctrine of powers, keep principle of the uk constitution providing a system of checks and balances. For a democratic society, three sources of power are left separate, the executive, legislator and judiciary

Question 5

D1 - judges have too much freedom

Answer 5

Security of tenure means that it’s virtually impossible to remove a judge for poor performance or misconduct. Superior judges can only be removed by the monarch following petitions by the HOC & HOL.
Unfair judges have immunity from suit, cannot be sued in civil courts or prosecuted in criminal courts for their actions. May seem to have special treatment compared to the rest of society.