Judicial Independence

Question 1

What is security of tenure?

Answer 1

Judges cannot be removed easily even if decisions are against what others may want.

Question 2

Can superior level judges be dismissed by the government?

Answer 2

No, they can only be dismissed by the monarch after a petition from both Houses of Parliament.

Question 3

Do inferior level judges have the same level of protection as superior judges?

Answer 3

No.

Question 4

Who can dismiss inferior level judges and under what conditions?

Answer 4

The Lord Chancellor, with the consent of the Lord Chief Justice, can dismiss them for incapacity or misbehaviour.

Question 5

What does Section 3 of the Constitutional Reform Act 2005 ensure?

Answer 5

It guarantees judicial independence.

Question 6

What must the Lord Chancellor and ministers not do, according to the Act?

Answer 6

They must not try to influence particular judicial decisions.

Question 7

Who must uphold the independence of the Judiciary?

Answer 7

The Lord Chancellor, other ministers, and anyone responsible for justice matters.

Question 8

What is judicial immunity from suit?

Answer 8

It protects judges from being prosecuted or sued for actions done in their judicial role.

Question 9

Can judges be sued in civil court for actions during court proceedings?

Answer 9

No, they are immune—even from defamation claims related to court proceedings.

Question 10

What happened in Sirros v Moore?

Answer 10

A judge wrongly ordered detention; the detained person sued for false imprisonment.

Question 11

What did the Court of Appeal decide in Sirros v Moore?

Answer 11

No action could be taken against the judge because he acted in good faith.

Question 12

Can full-time judges be Members of Parliament?

Answer 12

No. Full-time judges cannot be members of the House of Commons.

Question 13

Can part-time judges be MPs?

Answer 13

Yes. Recorders and Assistant Recorders (part-time judges) are allowed to be Members of Parliament.

Question 14

Were judges ever part of the House of Lords?

Answer 14

Yes. Before 2009, the Appellate Committee of the House of Lords acted as the final court of appeal and included judges.

Question 15

Why was the UK Supreme Court created in 2009?

Answer 15

To clearly separate the Judiciary from the Legislature.

Question 16

Can Supreme Court judges be members of the House of Lords?

Answer 16

No. Judges of the Supreme Court cannot be members of the House of Lords.

Question 17

How are judges financially independent from Parliament?

Answer 17

Their salaries are paid from the Consolidated Fund, which doesn’t require Parliament’s approval.

Question 18

Are judges fully protected from Parliament interfering with their terms of office?

Answer 18

No. Parliament can still change things like judicial retirement ages and pension qualification rules.

Question 19

Can superior level judges be dismissed by the government?

Answer 19

No. They have security of tenure and cannot be removed by the government.

Question 20

Can judges make decisions that go against the government?

Answer 20

Yes. Judicial independence means they can rule against the government without fear of losing their job.

Question 21

What must a judge do if they have an interest in a case?

Answer 21

They must not hear or try the case.

Question 22

What case confirmed the rule that judges must not be involved in cases where they have an interest?

Answer 22

The Pinochet case.

Question 23

What is Judicial Review?

Answer 23

A legal process where judges can review and potentially overturn actions of government ministers or public bodies.

Question 24

Where do Judicial Review cases begin?

Answer 24

In the Divisional Court of the Queen’s Bench Division.

Question 25

Who can bring a Judicial Review case?

Answer 25

A person with “standing” — someone affected by the government decision.

Question 26

Can judges rule against government ministers in Judicial Review cases?

Answer 26

Yes. Judges can declare actions of ministers unlawful if they break the law.

Question 27

What happened in R v Home Secretary, ex parte Fire Brigades Union?

Answer 27

The Home Secretary’s changes to the Criminal Injuries Compensation Scheme were ruled unlawful.

Question 28

What was decided in R v Secretary of State for Foreign Affairs, ex parte World Development Movement?

Answer 28

The Foreign Secretary acted unlawfully in funding the Pergau Dam project.

Question 29

What was the ruling in R v Secretary of State for the Home Department (asylum seekers case)?

Answer 29

The Home Secretary’s refusal to help late-declaring asylum seekers was unlawful. The Court of Appeal upheld this.

Question 30

What law allows UK judges to hear human rights cases?

Answer 30

The Human Rights Act 1998.

Question 31

What does the Human Rights Act 1998 do?

Answer 31

It incorporates the European Convention on Human Rights (ECHR) into UK law.

Question 32

Can judges declare UK Acts of Parliament incompatible with human rights?

Answer 32

Yes. They can issue a "declaration of incompatibility" under the Human Rights Act.

Question 33

What happened in H v Mental Health Review Tribunal (2001)?

Answer 33

It was the first time a UK court declared an Act incompatible with the ECHR.

Question 34

What was the issue in A and another v Secretary of State for the Home Department?

Answer 34

The Anti-Terrorism, Crime and Security Act 2001 allowed indefinite detention of foreign terror suspects without trial.

Question 35

What did the House of Lords decide in the A and another case?

Answer 35

The Act breached Article 5 (liberty) and Article 14 (no discrimination) of the ECHR, and was incompatible with human rights law.

Question 36

What was the result of the A and another decision?

Answer 36

The government was forced to change the law.