judicial independence

Cards (10)

  • what act decided judicial independence?
    S3 constitutional reform act 2005
  • what did this act say?
    -guarantees judicial independence which must always be upheld
    -judges free from influence of parliament
    -free from influence of gov
  • what does free from influence of parliament mean?
    -judges can't become MPs
    -LC limited involvement
  • what does free from the influence of the GOV mean?
    can make decisions that displease gov without being dismissed
  • give an example that fits with free from the influence of the gov
    prorogation of parliament ruling
  • what happened in this ruling?
    SC ruling against gov in 2019
  • give the other examples of judicial independence
    -issue declarations of incompatibility
    -since 2009 SC judges not involved in law making in HoL
    -nobody should be a judge in a case where they're a person of interest
    -judicial immunity
  • give the example for declarations of incompatibility
    S4 human rights act 1998, A & others v UK 2004
  • give the example for not being a judge in a case where you have interest
    pinochet 1998 - wife of judge was involved in his arrest
  • give the example of judicial immunity
    sirros v moore 1975