Independence of the judiciary

Why do we need independence of the judiciary

A judges role is to apply the law in a fair and unbiased way, without political influence. It is therefore important that we have an independent judiciary.

Ways judicial independence is achieved: security of tenure

This means guaranteed permanent employment.

Superior judges (justice of supreme court, justices of appeal and high court judges) cannot be dismissed by the government. They can only be removed by the monarch. This gives these judges protection and allows them to be independent in their judgments.

Inferior judges (circuit judges, district judges, recorders) can only be dismissed by the lord chancellor with the consent of the lord chief justice. This usually only happens if the misconduct is very serious.

Ways judicial independence is achieved: immunity from being sued

Judges are given immunity from prosecution for any acts they carry out in performance of their judicial function. This allows them to perform their duties without fear of repercussions.

Advantages of judicial independence

Fairness. Decisions are made based off the facts of the case and law. This ensures outcomes are just.

Protection. Judicial review can protect citizens against unlawful acts of the government.

Confidence. The public have confidence in our judicial system because of the lengths taken to ensure it is unbiased.