Rule of Law and Judicial Independence Flashcards
What is the Rule of Law?
The Rule of Law in its most basic form, is the principle that no one is above the Rule of Law
What is Judicial Independence?
The idea that the judiciary needs the kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests
What is Separation of Powers?
Since 2009 the judiciary and House of Lords are no longer in the same building mean they have been separated to keep judicial independence
What is Security of Tenure?
Judges cannot be dismissed on the basis of the decisions they make. This means they are free to make decisions - even if it offends the government
Features of the judicial Salary
Their pay comes from a Consolidated Fund which is not subject to annual review by the House of Commons and their rate of pay is decided by an independent pay review body. Their salary is high with hopes to try and warn off judges from taking bribes.
Is the judiciary free from criticism?
There are constitutional conventions that forbid MP’s and Peers from criticising court rulings and judicial decisions in Parliament
what is Independent Legal Profession?
Judges are appointed from the ranks of lawyers who belong to an independent Legal Profession whose standards are regulated by the Law Society and not by the government
Has the judiciary criticised the government?
in 2004 Lord Woolf attacked the government’s plans for Constitutional reform. This shows the judiciary is seperate
What are judicial appointments?
Judges are appointed by a Judicial Appointments Commission (JAC) which is politically independent. This is in order to help the judiciary be independent from the government, however the Lord Chancellor does still have a role in selection
What is the right of appeal
Judges are aware their decisions can be appealed. Thos means that they will try to ensure that they reach a fair/unbiased decision free from political influence
What is judicial review?
The judiciary has the power to rule tat decisions of ministers/servants of the government are “Ultra Vires” (acts that require legal authority but is done without) - ministers have had to backdown
How is thr Judicial Independence threatened?
Prime Minister’s Role in Appointments
Political Dialogue
The Justice Ministry
Cross over of elites
Inevitable overlap
what is the Prime Minister’s role in appointments?
Appointment of senior judges is handled by the independent Judicial Appointments Commission, the PM has a final veto over such appointments
What is Political Dialogue?
In recent years there has been a tendency for politicians to enter into political dialogue with Judges over issues such as sentencing policy and Human Rights. It could result in indirect influence
What is the Justice Ministry?
The Government retains control over the legal system through the Justice Ministry. Could show indirect interference
