Judicial independence

• Lord Philips 


  Judges might take extraordinary measures to protect the core principles of the constitution if parliament fails to do so
• Theoretical underpinning 


  The role of the judiciary is to be responsible for upholding the law, justice, rights and democracy
• Lord Templeman 


  "If the argument that government ministers should be immune from prosecution for breaching a court order were accepted, it would establish the idea that the executive branch follows the law out of choice and not obligation"
• Unison case 2017 ( Lord Reed)

  • 'Without such access, laws are liable to become a dead letter'
  • If people don't have access to justice, laws cant be enforced
  • The work done by parliament may be rendered nugatory (meaningless) if people can't access justice
• Constitutional Reform Act 2005

  • Created Judicial Appointments Commission
  • Reformed the position of the Lord Chancellor
  • The head of the judiciary is the Lord Chief Justice
  • Judicial Appointments Commission is an independent body now in charge of appointing judges
• Crown Proceedings Act 1947 s2

  • Establishes immunity
  • Judges are immune from being sued
• What was the supreme court known as before 2005?


  House of Lords
• Judges in the supreme court no longer have connections with Parliament