Independence of judiciary Flashcards
(15 cards)
What is judicial independence?
The principle that judges must be free from influence by the executive and legislature, ensuring fair and impartial justice
Which Act strengthened judicial independence in the UK?
The Constitutional Reform Act 2005
Why is judicial independence important?
It protects the rule of law, ensures fair trials, and prevents political interference in judicial decisions
What change did the Constitutional Reform Act make to the judiciart?
Created the UK Supreme Court
Reformed the role of the Lord Chancellor
Established the Judicial Appointments Commission
How does the UK Supreme Court support independence?
It is physically and instutionally separate from Parliament, no longer sitting in the House of Lords.
What is the roel of Judicial Appointments Commission?
To ensure judges are appointed based on merit, through independent and transparent processes
What is securtiy of tenure?
Judges cannot be removed from office unless through misconduct and parliamentary approval, ensuring independence
What is salaries protection, and how does it ensure independence?
Judges’ pay is protected from political pressure as it is set by an independent body and cannot be reduced
What does the Contempt of Court Act do?
Prevents interference with judicial proceedings, reinforcing the need for judges to remain impartial
Why is freedom from criticism important for judges?
So they can make unpopular or politically sensitive decisions without fear or retaliation or public pressure
What is the sub judice rule?
A rule that prevents media discussion of ongoing trials to avoid influencing judges and jurors
What is the importance of judges not sitting in Parliament?
Ensures judges are separate from the legislature process, maintaining the separation of powers
Can judges be members of political parties
No - judges must remain politically neutral to preserve public confidence and impartiality
What case highlights judicial independence from the executive?
R v Secretary of State for the Home Department, ex parte Fire Brigades Union (1995) – the courts ruled against the Home Secretary’s use of power.
How does judicial independence support the rule of law?
It ensures that everyone, including the government, is subject to and accountable under the law, with impartial enforcement
