• 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.

    3. The Scrutiny Committee (Introduced in 1973) * If the delegated law creates any form of taxation * If the legislation appears to be retrospective * Beyond the powers of the delegated body * If the delegated legislation is unclear. I.e. Badly worded If it is any of the above 4, they are automatically checked.

  2. "One of the hallmarks of any good decision-making process is consistency: judicial precedent helps ...

    'In any cases, the rules of precedent do not explain why judges obey the rules of precedent. Neither do they indicate the degree of consistency that is likely to be precedent at any given time'33. On the whole the advantages are outweigh the disadvantages and it the best system we

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

    Parties in such proceedings are encouraged to handle small claims by themselves, rather than being formally represented by an advocate. In the County Court formal cases are heard before District Judges, who hear uncontested and smaller value claims; higher value claims being dealt with by Circuit Judges.

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

    shows through the subsequent case of McGonnell v United Kingdom11 where the twofold post played by the Bailiff of Guernsey, where he acts as legislator and judge was help to violate the right to a fair and impartial trial. This was yet another embarrassment for the British government and their anomaly ridden system.

  1. The Importance of Judicial Independence

    The concept is important because it provides for permanence and stability in our legal system, guaranteeing that disputes can be resolved fairly and impartially. An independent judge does not fear for his or her job or good reputation when ruling against excessive governmental regulation, law enforcement, or discriminatory policies.

  2. Civil Liberties

    Courts have frequently wrestled with the question of whether freedom of expression is an absolute. Does no mean no? A Balance In their attempt to draw the line separating permissible from impermissible speech, judges have had to balance freedom of expression against competing values like - Public order - National

  1. "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.

  2. 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

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