Judicial Independence

• Judicial Independence 


  Judges should not be influenced by other branches of government and should be absent of any bias. Without effect check on government tyranny may result and government could discriminate against individuals or groups
• Arguments for its independence

  • Security of tenure: judges cannot be removed from office based on their decisions
  • Rule of sub judice: contempt of court for any servant of the government to attempt to interfere with the result of a court case
  • Since 2005 appointments largely independent
  • judicial salaries can't be cut and are strict on public rules about what expenses may be claimed
• Arguments against judicial independence

  • Judges are specifically selected by the government to ensure decisions are friendly to the government
  • Government might use the pay to influence
  • Ministers are becoming increasingly more willing to make public statements about courts and express opinions on the stances the judges have taken. E.g. May criticised the courts devision to ignore rules aimed at deporting foreign criminals