Are Uk Judges Independent

The independence and neutrality of the judiciary is a vital factor is ensuring that the rule of law is to function effectively, particularly in the UK where there is no codified constitution. It could be implied that the decisions of judges are not influenced by pressure from other branches of government, and there is no form of partisanship present. It can be argued that judicial independence and neutrality is not entirely upheld in practice, however, due to the fusion of government branches that are inevitable in a parliamentary government. On the other hand it could also be strongly argued that both independence and neutrality are strongly upheld within the judiciary.

It can be argued that judges are independent to a great extent due to the reformed appointment process. The
The Constitutional Reform Act in 2005 led to the creation of the JAC (Judicial Appointments Commission) which selects candidates for appointment to judicial office in England and Wales. This strengthens the idea that, in this respect, judges are not influenced by pressure from the government as their involvement in the appointment process is restricted. Before 2005, judges were appointed by the Prime Minister and the Lord Chancellor which proved unsuccessful as it made it very difficult to rule out the influence of political considerations. For instance, if the judiciary was to favour the government of the day in this case Labour, the judges might have been more liberal in their judgements, however this point is not particularly strong as the effect cannot be measured. Contrastingly, it can be argued that after the significant changes of the judicial appointment procedure the government still has influence but to a lesser extent. The Judicial Appointments Commission in itself is appointed by the government, and therefore their decisions on appointing