Since 2005, the Lord Chancellor (an MP so part of the legislature and sits in the Cabinet so part of the executive) is no longer head of the judiciary and is no longer responsible for the appointment of judges. They do however remain as manager of the judiciary and the courts.
· Constitutional Reform Act 2005 set up the Judicial Appointments Commission which keeps the appointment of judges separate from politics and the Lord Chancellor who used to appoint all judges. Prior to 2005 judges were appointed using a system of ‘secret soundings’ which lacked transparency and led to the establishment of a predominately male, white, upper-class judiciary. The JAC now appoints all judges.
· 2009 creation of the UKSC
this removed the judges from the House of Lords and gave them their own court which is completely separate from the legislature and executive. This has helped ensure the separation of powers is seen to be done.
· Security of tenure -
Superior judges cannot be dismissed by the Government (executive). They can only be dismissed by the Monarch after a petition from both Houses of Parliament. This means they can be independent in their decisions. They often have to deal with cases where the powers of the executive are challenged. In Miller the UKSC ruled there needed to be an Act of Parliament passed to trigger Brexit.
· Paid from a consolidated fund which does not have to be approved by Parliament.
This ensures they can make their decisions free from any pressure from the executive and legislature.
