Question: Evaluate the independence of the judiciary
- Created by: lucytalks0
- Created on: 13-03-21 20:59
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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.
- Superior judges have this because they cannot be dismissed by the gov.
- 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.
- Cannot be prosecuted whilst carrying out their judicial function - Sirros v Moore (1975)
- 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
- S.3 of the Constitutional Reform Act 2005
- Cannot be sacked for making decisions which the gov don't like
- 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.
- Decided that the gov could not start the process of leaving the EU 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.
- Decisions made on facts of the case.
- Brexit case: R(Miller) v Secretary of State for Exiting the European Union (2016)
- 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
- Important as judges are not involved in law-making.
- 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.
- Pinochet (1998) - Lord Hoffmann ordered the extradition of the Chilean dictator.
- Judges cannot try any case where they have an interest
- 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.
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