independence of the judiciary Flashcards
(8 cards)
What is independance of judiciary ?
Judges should be independent from pressure from Gov or pressure groups so they are free to make decisions impartially
What is security of tenure ?
What is immunity from suit ?
Judges cannot be sued for what they do and say in court when acting within their jurisdiction or acting in good faith , judges are allowed to make unpopular decisions
What is financially secure ?
Judge salary is paid out of a consolidated independent fund and they have a pension provision
What is no personal interest ?
Judges cannot sit on cases which may have a personal interest
Case where judge had personal interest
Re Pinochet - the House of Lords ruled (3–2) that former Chilean dictator General Pinochet could not claim state immunity for acts of torture.
After the decision, it was discovered that Lord Hoffmann, one of the majority judges, had links to Amnesty International — an organization that had campaigned for Pinochet’s extradition. Lord Hoffmann was a director and chairperson of a charity closely linked to Amnesty, and his wife also worked for Amnesty
What is separation of powers ?
The three most powerful functions of the state are
1) Legislation
2) Executive
3) Judiciary
The areas should be kept separate and independent from each other so as excercise control over one another to prevent a dictatorship
Advantages of judicial independence ?
1) Necessary for justice
2) Public confidence in the system
3) Important for judicial review to take place
