judicial independence and neutrality

which of the three principles of the UK constitution is the supreme court responsible for upholding?

rule of law, parliamentary sovereignty, and separation of powers

what did A.V. Dicey identify rule of law as?

one of the two pillars of the constitution, with the other being parliamentary sovereignty

what did A.V. Dicey write about rule of law that went on to be recognised as expert commentary?

no one can be punished without a trial, no one is above the law, and general principles of the constitution are upheld by judges (though parliament is sovereign and can overturn any precedent or ruling by the judges)

what is judicial independence?

the judiciary are free from external and political influence

why is judicial independence important?

so judgements can be made without fear, such as of the country's ruler punishing them

what is judicial neutrality?

a judge's ability to set aside their own personal bias, though even free from external threats they may still show favouritism or prejudice to someone in their court

how was judicial neutrality not shown in Hitler's trial in 1924?

the judge (Georg Neithard) was a known nazi sympathiser, meaning Hitler was only sentenced to 5 years in jail

what is an extreme example of when the supreme court may be intimidated or punished by a local gangster or country's ruler?

in Columbia 1985, the supreme court was stormed by an armed group working for Pablo Escobar, they killed all 12 justices and 100 others

how is judicial independence achieved by job security?

politicians cannot sack or suspend judges due to job security until the retirement age of 75, they can only be removed by impeachment which requires a vote in both houses

how is judicial independence achieved by guaranteed salaries?

judges are less vulnerable to bribery, as supreme court judges earn £280,000 per year

how is judicial independence achieved by contempt of court?

a politician or other individual may prejudice the outcome by swaying the views of the jury, if they offend by speaking out about a trial or case whilst it is ongoing through courts

how is judicial independence achieved by a new system of appointments?

senior judges are now appointed using the judicial appointments committee

how is judicial independence achieved by an increased separation of powers?

the constitutional reform act 2005 means there is less say by the lord chancellor

how is judicial independence achieved by the training and expertise of judges?

barristers, whose professional standing is a matter of importance to them, means they have professional and personal motivation to do the job well

what can be a result for judges if a case goes well?

reputation can be made as well as small fortunes

what is an example of a lord gaining reputation or small fortunes before joining the supreme court?

Lord Sumption defended Abramavich against another russian magnate (Berezovsky), leading him to win a seven figure fee

what is an example of the UK judiciary not being immune from public criticism?

the brexit case brought by Gina Miller led to newspaper headlines that many saw as irresponsible

what did Lord Hailsham warn that parliamentary debate about judges decisions is?

subversive to the independence of the judiciary

what is an example of a judge having displayed prejudice in the past despite the need to be judicially neutral?

Lord Denning 1957-62 described homosexuality as a cult, and believed women could easily stop themselves from being raped

how is judicial neutrality sought by the anonymity of judges?

ensures judgements are based on the law rather than public opinion, as judges are not highly known to the public and do not appear on talk shown or try to defend their judgements

how is judicial neutrality sought by restraint from political activity?

judges may vote but must not campaign for a political party or pressure group

how is judicial neutrality sought by legal justifications for judgements?

they are expected to be rooted in the law, the supreme court publishes its decisions in full on its website

how is judicial neutrality sought by high levels of training?

this is needed even to be shortlisted for a position as a judge, they are generally recruited from the best barristers and the law society monitors training

how is the loss of anonymity a threat to judicial neutrality?

increased media attention may put judges under pressure to respond more to public opinion than the law

what did the 1950's Kilmuir guidelines recommended judges do not do to ensure judicial neutrality?

not speak out in public

how is social background a threat to judicial neutrality?

most top judges are white males, middle-aged, and oxbridge educated, meaning their understanding of other people's life experiences is limited and reflective of the social values of their formative years

how is politicisation a threat to judicial neutrality?

since the passage of the human rights act 1998, judges have had to make decisions on matters that many people consider to be political

what did Lord Sumption frequently point out about the ECHR?

it was designed to protect minorities who suffered under regimes such as the nazis, and that judges in recent decades have extended its meaning beyond original intention

when was Lord Sumption on the UK supreme court?

in 2012-18, having had a stellar career as a barrister and so was appointed from that position rather than as a judge

what has Lord Sumption been an outspoken critic of?

the human rights law and further doubted the legality of lockdown in the UK

why have the labour party shown more criticism to the judiciary?

many judges have had a conservative social background, and some have applied laws passed by governments that were hostile to worker organisations

how has politicisation been shown through the sus law to affect judges down the judicial hierarchy?

police could act on suspicion, with the law used in areas of high immigration to arrest and detain anyone they suspected of being about to commit a crime, though this victimised young black men

what are examples that show judges remain respected figures in the UK and abroad?

foreign nationals have chosen UK courts when given the chance, and the way the CRA has reformed the appointments process