Preview

Independence of Judiciary in Uk

Satisfactory Essays
Open Document
Open Document
384 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Independence of Judiciary in Uk
In the United Kingdom and its predecessor states, judicial independence emerged slowly in the United Kingdom. Under the Norman monarchy of the Kingdom of England, the king and his Curia Regis held judicial power. Later, however, more courts were created and a judicial profession grew. In the fifteenth century, the king's role in this feature of government thus became small.[4] Nevertheless, kings could still influence courts and dismiss judges. The Stuart dynasty used this power frequently in order to overpower Parliament. After the Stuarts were removed in the Glorious Revolution of 1688, some advocated guarding against royal manipulation of the judiciary. King William III finally approved the Act of Settlement 1701, which established tenure for judges unless Parliament removed them.[5]
Under the unwritten British Constitution, there are two important conventions which help to preserve judicial independence. The first is that Parliament does not comment on the cases which are before the court. The second is the principle of parliamentary privilege: That Members of Parliament are protected from prosecution in certain circumstances by the courts.
In modern times, the independence of the judiciary is guaranteed by the Constitutional Reform Act 2005, s.3. In order to try to promote the independence of the judiciary, the selection process is designed to minimize political interference. The process focuses on senior members of the judiciary rather than on politicians. Part 2 of the Tribunals, Courts and Enforcement Act 2007 aims to increase diversity among the judiciary.
The pay of judges is determined by an independent pay review body. It will make recommendations to the government having taken evidence from a variety of sources. The government accepts these recommendations and will traditionally implement them fully. As long as judges hold their positions in "good order," they remain in post until they wish to retire or until they reach the mandatory retirement age

You May Also Find These Documents Helpful

  • Good Essays

    As we know in the Article III of the U.S constitution says that all judges in the Supreme Court and Inferior Courts can have their jobs for the rest of their life. The reasons that the judges can lose their job is by retirement or if they have been accused of any crime.…

    • 239 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their salaries ‘are paid from the Consolidated Fund’ and aren’t fixed or changeable by Parliament or the government which keeps the judiciary free from political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by ministers and civil servants too. Judges are said to be kept neutral because they lack politically ‘partisan activity’ as they don’t comment on ‘matters of public policy’ and avoid siding with different party governments. Another way the judiciary has been made increasingly independent and neutral is the changed position of the Lord Chancellor following the ‘2005 Constitutional Reform Act as he was previously the ‘head of the judiciary, the presiding officers of the House of Lords and a member of the Cabinet’. This Act removed his judicial role and transferred it to the Lord Chief Justice while also separating the ‘law lords’ from the House of Lords via the ‘establishment of a new Supreme Court’ in 2009. This again, separates the judiciary from the legislature and executive which enhances independence and neutrality.…

    • 2833 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    This criterion of judge selection through the relevant commission boosts the independence of the judicial arm of the government through an elimination of the partisan politics, political sponsorship as well as the influence of money when compared to the method that is currently in use.…

    • 1669 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    When hearing a case in court both magistrates and judges have to be unbiased and have no prejudices. They both have to make sure that no party is treated unfairly. Not only that but both parties must have a good sense of judgement and must be able to make sound decisions.…

    • 596 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The Roman Empire and Han China developed cultural syncretism by using different methods of spiritual beliefs and the gods they worshiped, but developed in similar ways on how they both used methods of family hierchy and also how they structure their government to create more control which was used to build up both societies with similar rule, all of these contributed to making cultural syncretism.…

    • 303 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    “Objective: Examine the potential impact on judicial independence that results from the election of judges versus the appointment of judges.”…

    • 334 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Constitution guarantees the security of tenure, regardless of whether appointed and removal of judges. It protects interference from judicial impartiality. Judicial salaries cannot be reduced during a judge’s tenure. Judges’ remuneration must be adequate to prevent manipulation of salaries by compelling retirement of the judges. By doing so, it would disturb the equilibrium of judicial…

    • 921 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The primary objection against the Judges’ Case model of appointments is that it finds no basis in constitutional text and is the product of a frenetic Court. Secondly, it places a potent CJP at the center of the judicial system, which severely compromises independence within the judiciary. The primacy accorded to his opinion further facilitated the judiciary’s transformation into a self-perpetuating institution. It also served to politicize the judiciary, which eroded the judiciary’s institutional impression in the public eye. Moreover, the lack of clarity surrounding the application of the seniority principle allowed room for maneuvering, making an already opaque procedure more indefinite and obscure. All of these observations confirm that…

    • 151 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Hamilton focuses on three subjects in this paper. First, the process of appointing judges. Second, the tenure which they are to hold their places. Lastly, the judiciary authority among different courts and their relationship (Hamilton p.1). This paper examines the justification for their tenure, meaning the appointment for life under a good behavior. Once comparing the three branches, Hamilton discusses the judiciary as the least dangerous to the political rights of the constitution because it does not have the force or the will (Hamilton p.2). He explains force as decisions made by the court that can only be implemented by the executive branch. Will is the fact that courts are not able to interpret the law according to their desires or political views. By making this comparison, Hamilton makes the first important point in this paper, the terms of office should be appointed to life to protect the judiciary from the other stronger branches of government (Hamilton p.2). His second point is regarding the limited constitution that gives enumerated powers to the federal government.…

    • 217 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In theory there should be no 'political' role for judges, but in practice there is. Ministers and their departments can break the law, MPs can be charged with breaking laws about election expenses and civil servants can be charged with handing over secrets about their political 'bosses'. A member of the judiciary has to decide whether they will be charged and, if so, what they will be charged with, and also has to preside over the trial and death with sentencing if they are found guilty.…

    • 515 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Presidents tend to choose judges from their own political party because judges may serve for…

    • 250 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    They are appointed by the president and gets to serve for life. People would want to chose who there own supreme court justices are. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. On the other hand, when they are appointed judges it goes thought congress to make sure the person is politicly right for the job. If they do not do a fair job with good behavior they can be impeached and hold accountable for there actions. Finally they will have more wisdom and experience with being a judge because they are running for life. The judicial branch lays a major part of our national government, security and rights of our…

    • 1058 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    k.bjbh

    • 809 Words
    • 4 Pages

    Political principle Magna Charta 1215 protects against arbitury punishment and right to a fair trial, act of settlements1701 judges hold office for good behavior can only be dismissed if they act in bad faith both of the houses of parliament must agrre to dismiss then…

    • 809 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    French Government Changes

    • 815 Words
    • 4 Pages

    Early monarchs battled with the citizens of England in an attempt to centralize government. Magna Carta was the first success of many “great charters’ to shape the legal system of England. This charter was the result of retaliation for Williams attempt at centralized government. After several more failed attempts by rulers to implement rule over the people, William of Orange was offered the throne in return for his acceptance of the Bill of Rights. The Bill of Rights was the second “great charter” to take hold in England. Furthermore solidifying certain rights and criminal procedure for England. Additional acts followed, such as the Act of Settlement and the Petition of Rights, which also aided in the formation of their legal system. The most recent change to English law has been the passing of the Constitutional Reform Act, granting the United Kingdom the use of a court system similar to that of the United States Supreme…

    • 815 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Flanagan Brian and Ahern Judicial decision-making and transnational law: a survey of common law Supreme Court judges. International & Comparative Law Quarterly 2011…

    • 1640 Words
    • 7 Pages
    Powerful Essays