independence of the judiciary

• Security of tenure refers to the fact that superior level judges cannot be dismissed by the government; they can only be dismissed by the monarch following a petition presented by both houses of parliament. However, inferior judges do not have the same level of security of tenure. the lord chancellor, with the consent of the lord chief justice, has the power to dismiss inferior level judges for incapacity or misbehaviour.
• Judicial independence is guaranteed under section 3 of the constitutional reform act 2005:

  • 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.
  • The lord chancellor and government ministers must NOT seek to influence particular judicial decisions.
• Immunity from suit allows judges to perform judicial duties without fear of repercussions. judges of all levels are given immunity from criminal prosecution for any acts they carry out in performance of their judicial duties.
• Judges also have immunity from suit in any civil case while they are performing their judicial duties. this includes a defamation claim for anything said about the parties or witnesses in a case they're hearing.
• What is the significance of the case of Sirros v Moore?

  It illustrates the immunity from suit for judges, the judge didn't have any action against them because they, 'had acted in good faith, believing he had the power to imprison.'.
• judges are generally not involved in the law making functions of parliament. Full time judges are not allowed to be members of the house of commons. this rule isn't as strict for part time judges so that recorders and assistant recorders can be members of parliament.
• judges used to be in the house of lords when the Appellate Committee of the house of lords was the final court of appeal. the main reason for the creation of the supreme court in 2009 was to separate the judiciary from the legislature.
• Judges of the supreme court are not allowed to be members of the house of lords
• judges are given a certain degree of financial independence, their salaries are paid from the consolidated fund, which doesn't need parliament's authorisation.
• Judges are not compeletely protected from parliamentry interference in the terms on which they hold office; parliament can change judicial retirement ages and qualifying periods of service for pensions.
• superior level judges cannot be dismissed by the government. they can make decisions that displease the government without the threat of dismissal.
• judges must not try or hear any cases in which they have an interest in the issues involved.
• What is the significance of the pinochet case?

  It shows how judges must not hear or try any case in which they have an interest in the issues involved
• Judges are also able to hear cases involving human rights, again they are prepared to find against the government. The Human rights act 1998 incorporates the European convention on human rights act into UK law. Judges have the power to declare that an act of parliament is incompatible with the convention.
• What is the significance of the case of H v Mental health review tribunal?

  It shows how judges have the power to declare that an act of parliament is not compatible with the European convention of human rights.