Question: Evaluate the independence of the judiciary

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  • Evaluate the independence of the judiciary
    • Security of tenure
      • Superior judges have this because they cannot be dismissed by the gov.
        • Only removed by monarch following petition presented to both houses of parliament - protection from political power.
      • Inferior judges - can be removed from office by LC ( LCJ for incapacity of misbehaviour.
    • Immunity from suit
      • Cannot be prosecuted whilst carrying out their judicial function - Sirros v Moore (1975)
        • Judge wrongly sent someone to prison but couldn't be sued.
      • Cannot be sued for defamation.
      • Judges can perform their duties without fear of consequence.
    • Independence from the executive
      • Cannot be sacked for making decisions which the gov don't like
        • S.3 of the Constitutional Reform Act 2005
          • States that the LC & other ministers must not influence judicial decisions.
        • JAC now recommend judges for appointment helps process
    • Judicial independence
      • Brexit case: R(Miller) v Secretary of State for Exiting the European Union (2016)
        • Decided that the gov could not start the process of leaving the EU without consulting parliament
          • Theresea May upheld the right of the judiciary to be independent.
        • Relates to gov decision to leave EU after a referendum without consulting Parliament.
      • Very important to a democracy & protection of the individual rights of the individual against any unlawful acts of the state.
        • Decisions made on facts of the case.
          • Enables public to have confidence in the judicial system.
    • Independence from Legislature (parliament)
      • Important as judges are not involved in law-making.
        • Full-time judges cannot be MPs - part time judges can
      • 2009 - SC replaced HofL & was given its own building and support staff
        • Reason - separate the judiciary from the legislature
    • Independence from the case
      • Judges cannot try any case where they have an interest
        • Pinochet (1998) - Lord Hoffmann ordered the extradition of the Chilean dictator.
          • He was the unpaid director of Amnesty International - connection to HR organisation made him biased.
  • Superior judges have this because they cannot be dismissed by the gov.
    • Only removed by monarch following petition presented to both houses of parliament - protection from political power.

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