Judiciary exam questions

Explain and analyse 3 features that help to maintain judicial independence in the UK [9marks]

→Point 1 : Security of tenure

• Judicial independence refers to the principle that those in the judiciary should be free from political control in order to administer justice adequately

• One way in which this is achieved is through security of tenure. Judges are appointed to serve until mandatory age of retirement making it harder for politicians to exert influence by threatening suspension or removal from office

• This is accompanied by guaranteed salaries that are paid automatically form the consolidated fund mitigating the ability of member so government controlling decisions or buying influence.

→ Point 2 : Contempt of court

• Contempt makes it a criminal offence to threaten or intimidate a judge as well as attempting to influence a judges decision

• The principle of sub-judice also prevents media outlets and politicians from speaking out during legal proceeding to stop commentation that can prejudice a trial and judicial outcomes

• Allowing he judiciary to come to a credible decision based on facts of the case alone and distance themselves from any alternative opinions and political interferences

→ Point 3 : Role of the JAC

• The independent judicial appointments commission was created under the constitutional reform act to increase the transparency of senior judiciary appointments and transform it into a merit based process

• This was achieved through the reduced role of the lord chancellor that curbed executive influence in the appointment of judges increasing the legitimacy of appointments and encouraging public trust

• It also served to enhance the separation of powers , by removing the judicial function from the lords also preventing any politicisation of the judiciary that could harm its integrity as as a constitutional institution.

Explain and analyse 3 ways in which the UK judiciary can exercise influence over government [9marks]

→ Point 1: Ultra vires rulings

• The supreme court make ultra vires rulings that determine whether or not a government official has acted beyond the authority granted to them by law.

• If a ministerial decision or regulation is ruled ultra vires it becomes invalid and is no longer in force

• For example the court can strike down unlwaful use of delegated legislation. leaving the government with no choice but to find an ulterior course of action

• However the effectiveness of this power is limited by parliaments ability to legislate retrospectively, this effectively overturns the courts ruling , as was the case in Reilly v secretary of state for work and pensions 2016

→ Point 2 : Ability to interpret and enforce Statute law.

• HRA 1998 incorporates provisions of the ECHR which is enforceable by the courts

• Supreme court can thus issue a declaration of incompatibly if government legislation violates provisions of the act

• For example R (F) v secretary of state for the home department 2010 which rules the sexual offence act 2203 incompatible with article 8 of the HRA

• This was a rare occasion in which government remedied the violation and passed the sexual offences act 2003 remedial order 2012

• Demonstrating how the court can use its power of judicial review influence government - but most declarations can and have been overridden by parliament.

→ Point 3 : Growing status of the judiciary

• Despite not being given any powers that exceeded those of the the appellate committee of the house of lords the supreme court has increased in status which has helped indirectly influence government

• The court has engaged in a process of demystification via public visits , a website outlining case details and enhanced coverage in mainstream media - providing it a greater social status

• The fact that the judiciary is rather active and possesses the power to challenge government policy that is flawed or poorly framed means that gov moderates its approach and is likely to remove elements of policy it might acknowledge will be dissented - saving gov from public embarrassment.

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