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

Explain and comment on the importance of judicial independence.

Extracts from this document...

Introduction

2(b) Explain and comment on the importance of judicial independence. In the English legal system the concept of judicial independence is of high regard. This is to ensure judges remain independent of pressure from the Government and other political groups and etc. It is argued without judicial independence a democracy and the law would not be able to function. The theory of judicial independence was argued by 18th century French political theorist Montisquieu. He had an idea of checks and balances to safeguard individual liberties, to do so the power of the state is divided equally into 3 independent bodies (to prevent interference between them), the legislature, executive and judiciary. In the English legal system they are the Cabinet, Parliament and the Supreme Court (High court and Court of Appeal). ...read more.

Middle

However this has never resulted. But the Lord Chancellor has recently outlined new measures to investigate serious allegations made about Circuit judges downwards. This can only be exercised by the Lord Chief Justice after an investigation into these allegation by a senior judge appointed by the Lord Chief Justice, then with further discussion and agreement of the Lord Chief Justice and other senior judges. Judicial immunity from suit means no judge can be sued for anything done in his or her judicial role. This enables them to remain independent and they are put under less pressure, thus will have less of an effect on their decision-making. However Lord Denning at age of 83 in 1982 was threatened by legal action against him for libel by two black jurors. ...read more.

Conclusion

This measure is designed to prevent politicians interfering with the judicial system. But this prevention also applies to any full time judge, so they are excluded from the House of Commons and not interfering with politics. This partly applies to the Law Lords, Master of the Rolls (all Life Peers), meaning they are excluded from political debates in the House of Lords. The checks and balances part of judicial independence comes into effect in judicial reviews. Where judges are required to examine the legality or procedural correctness of government decisions. In many circumstances government ministers have their decisions overruled. Judicial independence is also important when judges chair inquiries into major national events that are of relevance to the whole nation. For example there were inquiries into the Hillsborough disaster and Dunblane shooting. Montiquieu's principle of Judicial Independence is not only adopted by Britain it also adopted by the United States of America. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System 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 University Degree English Legal System essays

  1. Law Making - Judicial Precedent.

    The power of courts to use statutory interpretation allows very limited flexibility. Major mistakes may require further statute. By comparison changing delegated legislation is a relatively simple task. 6. Anticipating future needs Delegated legislation can give statute a much longer life span. Within statutes there is normally an enabling clause.

  2. What role do judges play in the modern United Kingdomconstitution? To what extent will ...

    Potential candidates so far have been easily overlooked and the notorious lack of ethnics and women. What is seen is an elitist, middle class, Oxbridge educated, out of touch group of old men and the facts do not seem to disagree.

  1. Describe the ways in which judges are selected, appointed and trained. Explain and comment ...

    are just deemed to have a lot of experience so therefore qualify. Civil Courts The County Courts of England and Wales, deal with cases of lesser value, importance and complexity. Indeed, claims of under £1,000 can be dealt with by the increasingly popular small claims procedure, which provides for informal arbitration.

  2. Civil Liberties

    This freedom is not absolute. Several religious practices have been ruled unconstitutional including: - snake handling - use of illegal drugs - Polygamy Nonetheless, the Court has made it clear that the government must remain NEUTRAL toward religion. First Amendment: Freedom of Speech and Press In the United States we

  1. In this act I will be examining the dramatic importance of Act 3

    "How do you know then that you are not a witch." This reply from Judge Hanthorne was irrational and questions the credibility of the court. Judge Hanthorne also threatens to have Giles Corey arrested on the basis of disturbing the court, this was ridiculous as Giles was there to present

  2. "What is the meaning of the term Judicial Independence?"

    They sit in the County and Crown Courts and are appointed by the Crown on the recommendation of the Lord Chancellor. High Court Judges are appointed fro advocate of at least 10 years experience. They are knighted on appointment and like the junior judges, are appointed by the Crown on the recommendation of the Lord Chancellor.

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