independance

Intro

• judges and courts who interpret the law

• Fundamental principle so they are free from external pressures

• Maintain rule of law and ensure impartiality

Security of tenure

• protects them from arbitrary dismissal

• Superior judges can only be removed via complex parliamentary process

• Miller v Secretary of State for Exiting the EU - ruled against the gov

Immunity from suit

Siros v Moore - a judge’s order of unlawful detention could not result in legal action

Transparent appointments

• introduced by CRA 2005

• Judicial Appointments Commission - appointments are merit based and free from political bias

Non interference by gov

• S.3 of the CRA 2005 prohibits gov ministers from influencing judiciary decisions

• Statutory safeguard enhances public confidence

Lack of diversity

• as of 2016 only three ethnic minority high court judges and 17 circuit

• Historically dominated by white upper class males which hinders representation

Elitism

• between 1997 and 99, 73% public schooled, 79% oxbridge graduates

Accountability

• immunity from suit does raise this issue

• Pinochet - Lord Hoffman failed to disclose conflict of interest

• Although case was retried it highlighted this issue

Age and Experience profile

• rarely appointed before forty

• Conservative and static institution

Role in protecting human rights

Belmarsh Case - court filed that indefinite detention without trial under the Anti Terrorism, Crime and Security Act 2001 was incomparable with ECHR

Conclusion

• Independence is a cornerstone of legal system

• CRA 2005

• Security of tenure and non gov interference

• Reforms could address… disadvantages

• Overall robust but not without room for improvement