executive independence

Cards (4)

  • What is judicial independence guaranteed under?
    s 3 of the Constitutional Reform Act 2005
  • What does s 3 of the Constitutional Reform Act 2005 state about judicial independence?
    The Lord Chancellor, other ministers in the government, and anyone with responsibility for matters relating to the judiciary or the administration of justice must uphold the continued independence of the judiciary.
  • How does independence from the executive link to security of tenure?
    Superior judges can't be dismissed by the government and so are independent from the government: they can make decisions which may displease the government without the threat of dismissal.
  • What does independence from the legislature mean for full-time judges?
    They aren't involved in the law-making functions. They are not allowed to be members of the House of Commons, although part-time judges (recorders and assistant recorders) can be members of Parliament).