• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

english law

Extracts from this document...


Law Q. Is there an independent judiciary in the United Kingdom? What obstacles, if any, hinder this independence? Although judges in the English Legal System are not part of the law making process, and full time judges are not allowed to be members of the House of Commons, they are still thought to be independent in a number of ways, as an independent judiciary plays an important role in protecting the liberty of an individual from abuse of power by the executive. There is flexibility in the law for part time judges and they are allowed to be members of the Parliament. Judges can be members of the House of Lords in its legislative function, and can take part in debates on new laws. ...read more.


The Prime Minister is responsible for the nomination of senior judges, but the appointment of judges at all levels is usually by the Lord Chancellor. Since 1998, the Lord Chancellor listens to all complaints against judges. According to the statistics, there have been 23 cases where he has either written to the judges directly or referred them to the concerned officers. Thus the judges have become pressurized and in such cases are not independent from the executive. The judges are protected from this pressure as the executives have no financial control over the judges. Therefore judges are financially independent, as their salary comes out of the consolidated fund and the Parliament does not interfere, but can make changes to retirement ages and pensions. Also, judges cannot be sued for the decisions they make in the course of their judicial duties. ...read more.


This case went to the House of Lords, where the Law Lords ruled in the women's favour, holding that the Minister had gone beyond his power in framing the bylaw so as to prevent access to common land. Recently ministerial actions have been challenged by way of judicial review. In many cases the judges have ruled against the minister concerned, e.g. R v Home Secretary, ex parte Fire Brigades Union (1995) in which the changes to the Criminal Injuries Compensation Scheme made by the Home Secretary were unlawful. In such cases the judiciary has played an important role in protecting individual rights. It can be seen that there is, to an extent, an independent judiciary. There are still certain obstacles, as mentioned above, hindering this independence which are being overcome, helping make the judiciary permanently independent in the United Kingdom. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Legal personnel section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Legal personnel essays

  1. Marked by a teacher

    European law

    4 star(s)

    However, limitations were placed on the doctrine of direct effect. These have to ensure that national courts do not have difficulty in applying Community law and that the measure or provision in question must be unconditional and sufficiently precise, along with leaving no discretion to the Member State as to how it should be implemented are not strictly applied15.

  2. Marked by a teacher

    LAW REPORT on Macgregor(TM)s case

    4 star(s)

    To refer back to the case, Peter had ordered the Helford oysters and then later went on to find out that several of them were bad. As a result, this has caused his friend, Beatrice, to become seriously ill. The hotel is in a contract with its customer in an effort to provide a service of a good standard.

  1. Law and Judicial creativity

    The 'neighbour principle' established in this case was based on the Christian belief held by Lord Aitken. As this was original precedent based on the personal belief of one person (although shared by many at that time), it shows that judges often do not set precedents that do not reflect their views.

  2. Family Law

    of the MCA all 8 grounds are an absolute defence. Moreover section 13(2) of the MCA as amended by the Matrimonial and Family Proceedings Act (1984) clearly imposes a time restriction of 3 years from time of marriage to petition for the marriage to be voidable Now I am going

  1. The role and appointment of judges.

    The first stage in which judges are appointed is an advertisement. Most positions are advertised widely in the national press, the legal press and online. The Judicial Appointments Commission also runs roadshows and other outreach events. These are designed to explain the selection system to potential applicants and to encourage them to consider a judicial career.

  2. Free essay

    Legal personnel

    In order to make sure clients are satisfied with the services of both barristers and solicitors, the Law society and the Bar Council have separate bodies that regulate and represent them. The Bar Standards Board deals with the complaints concerning the work of barristers and the Legal Complaints Service deals with complaints concerning Solicitors.

  1. Human Factor

    he tent do a very bad job and he will do the job faster and inaccurately to get rid of the pressure. Lack of teamwork can affect the human performance because when a team of engineer working together to fix a problem they need

  2. Are judges independent

    He will the write to them arranging for them to be seen by officials and due to this method this is seen as pressure from the executive.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work