The judiciary

Separation of powers

To avoid a totalitarian build up of power it is split into The executive, The legislature, and The judiciary. The power is split and each branch has the power to challenge other branches. In R (miller) v The Prime Minister (2019) judicial review found the governments actions to be unlawful and void.

Security of tenure

As part of the separation of powers the executive cannot criticise, hire or fire judges and once a judge is instated it can be very hard to remove them with retirement or malpractice proceedings being the only realistic methods.

Requirements for being a judge

There is no minimum age for a judge to be appointed but judges must be able to serve for a reasonable term (5 years). 70 is the maximum age for a judge.

Malpractice proceedings

To remove a High or Court of Appeal judge they must be petitioned to the Crown and both houses of parliament must be presented with an address. For Circuit and District judges the Lord Chancellor can remove judges if he gets confirmation from thw Lord Chief Justice.

Immunity from suit

Judges are immune from civil suit from Sirros v Moore (1975). This does not prevent people from being able to make complaints over their conduct or language which could lead to reprimand

Independence from outside sources

Judges must resist influence to sway decisions in favour of the executive. They must also resist or ignore influence from the legislature,more senior judges trying to exert influence, the media, pressure groups or personal beliefs ( Pinochet Case 1998) to ensure the decision is completely just.

Reasons for judicial independence

• ensure the decisions is only based on evidence and the law

• ensure jury trials are only based on facts

• deliver fair and impartial justice

  • defend against unlawful actions from the government, or any person or agency trying to infringe on the rights of the people

Methods for achieving judicial independence

• Judges are free from suit or prosecution for actions taken while acting as a judge

• Appeal systems mean mistakes can be corrected

• Judges salary and pension rights come from an independent body not the governement

Advantages of the judiciary

• The judiciary are independent

• Judges are trained legal professionals so more efficient and precise than lay people

• Judges have judicial review

• Since 2006 an independent board has selected judges

Disadvantages of the judiciary

• Judges are expensive as they are so highly trained and experienced

• Sentencing is the sole responsibility of the judiciary and inconsistencies can be an issue

• Problems with diversity