JUDICIAL NEUTRALITY

DEFINITION OF JUDICIAL NEUTRALITY

The principle that judges shouldn’t be influenced by other branches of gov, particularly executive.

BASIS OF LAW

All decisions must be made based on the law and judges must be able to explain how they came to their conclusion. They write their formal opinion and announce it, showing how they made their decision based on law instead of any personal opinions or sense of justice.

WHY IS BASIS OF LAW IMPORTANT

It avoids bias or personal opinion and is based on key facts of the law

PEER REVIEW

Cases in the supreme court are heard by groups of at least 5 judges to ensure that no single personal prejudice influences the final decision. When a case concerns aspects covered by the European convention on human rights, the decision may be referred to the European Court of Human Rights for review.

WHY IS PEER REVIEW IMPORTANT

Prejudice and action on behalf of personal belief is prevented as multiple individuals listen to the cases.

GROUP MEMBERSHIP

No serving justice is allowed to join a political party or certain other groups that could cause a conflict of interest. Justices can still vote and have personal views but they cannot be formally linked to a political organisation. They must declare if they have conflict of interest with a certain case that could impact their neutrality.

WHY IS GROUP MEMBERSHIP IMPORTANT

Personal views must be established preventing bias and negative impact on neutrality.

TRAINING AND EXPERTISE

All senior judges must have had a lengthy career as a lawyer and be highly trained. They are familiar with the principle that cases must be judged based on law. The justices of the supreme court are the most highly regarded and best qualified legal minds in the UK.

WHY IS TRAINING AND EXPERTISE IMPORTANT

Expertise guarantees knowledge and true understanding of the process