Why Is It Important To Ensure Judicial Impartiality?

Secondly, the existence and interaction of legislation, constitutional conventions and generally accepted measures in place fundamentally seek to preserve the neutrality of judges and govern overt manifestations of judicial preference, whilst also protecting the judiciary from condemnation following any decisions they make . In addition to the 2005 Constitutional Reform Act, a substantial degree of security of tenure and remuneration, for instance, reducing a sense of fear within the judiciary. Tenure prevents judges from being removed from office on the basis of their judicial decisions, allowing them to perform their duties independently without fear of dismissal, as discussed by Lord Denning MR in Sirros v Moore. Fixed judicial salaries set by an independent body ensure judges do not feel financially at risk. Similarly,
These provisions enhance the capacity for judicial impartiality because they ensure judges feel secure in office, allowing them to make decisions with confidence and knowledge that they will not be personally affected if their objective stance does not parallel the political or social zeitgeist.
A further facilitator for enhanced judicial independence and impartiality is judicial review, which provides independent system of checks and balances on other branches of government, preventing abuse of power and unlawful procedural processes and decisions. Ensuring impartiality is seen to exist in the courts, judicial review examines the process by which a decision was made, rather than simply the outcome by articulating high the standards of decision-making. In order to effectively review the executive, a somewhat isolated standpoint is necessary, paralleling and affirming the principle of judicial independence. Following the GCHQ case, it was established that all power exercised by public bodies are, in principle, susceptible to