Judicial independence

• separation of powers

  The 3 arms of state:

  1. The judiciary
  2. Executive Government
  3. Parliament
• Judiciary role

  power to make judgement on law
• Executive Government role

  Power to put law into action
• Parliament role

  Power to make and change law
• Security of tenure

  a judge will hold their post until retirement, unless there is serious misconduct
• Tenure of superior judges

  Since 1701, cannot be dismissed by Government
• what act protects superior judges?

  The Senior Courts Act 1981
• What Act protect Supreme Court Justices?

  The Constitutional Reform Act 2015
• When can superior judges be dismissed?

  By a petition of bot Houses of Parliament and agreement of the Monarch
• Tenure of Inferior judges

  can be dismissed for incapacity of misdemeanour
• how can inferior judges be dismissed?

  by the Lord Chancellor with the Lord Chief Justice's agreement
• example of incapacity of misdemeanour

  Bruch Campbell :

  • in 1970s, Circuit Judge convicted of evading customs duty on cigarettes and whisky
• Who deals with complaints against inferior judges?

  The Judicial Conduct Investigations Office
• immunity of suit

  Judges are given immunity from prosecution for any acts carried out in performance of their judicial function, as well as being sued

  • ie cannot be sued for defamation
• purpose of immunity of suit

  so that judges can carry out their duties without fear of repercussions and respects separation of powers/independence.
• independence from the executive

  s3 of the Constitutional Reform Act 2005

  • The Lord Chancellor and anyone with responsibility for administration of justice must uphold the continued independence of the judiciary
• Appointment of judges

  carried out by the Judicial Appointments Commission
• Judicial independence from legislature

  no involved in the law-making functions of Parliament, full-time judges cannot be members of the HoC, and since 2010 creation of supreme court judges no longer sit in HoL chamber when legislation passed.
• reasons for JI- Judges protect our liberty

  from abuse of power by the executive, to maintain democracy.

  • EU referendum: after in 2017 it was debated if gov could start brexit without Parliament consulation
• Reasons for JI- no fear of reprocussions

  government cannot force judges to resign and in cases of judicial review, judges often have to decide on the legality/validity of decisions of Government departments
• Gurkha vets

  In 2009, the high court ruled that Gurkha veterans who retired before 1997 with at least 4 yrs military service had the right to settle in the UK.
• Lewisham Hospital

  in 2013 the Court of Appeal ruled that the Health Secretary did not have the power to implement cuts to Lewisham Hospital in London
• Advantages of JI

  ADVANTAGES

  • Decisions are only made on the basis of facts and law, ensuring fairness
  • Judiciary are able to protect public against unlawful acts of Government
  • Public confidence in legal system, as decisions are made in accordance with law