Student Number: 34614893 Module: 101x
Electronic Coursework Cover Sheet
The judicial independence is usually understood as the principle which the judiciary would not be affected politically by the power of executive and legislature. Sometimes, this principle is considered to represent justice, the rule of law and individual rights. However, many believe such thoughts of independent judiciary is not enduring. whilst a measure of judicial independence is undoubtedly fair, judicial accountability is also suggested to be kept balance with the independence of judiciary.
The concept of judicial independence is dealt differently in different nations through various methods of judicial selection [lawteacher.net. 2018]. And giving life tenure or long tenure to judges is an ideal mean of promoting judicial independence, because it gives them the freedom to make decision in court and make rulings associate with the rule of law and judicial discretion, which sometimes can be politically unpopular or even against a strong interest [lawteacher.net. 2018].
In the UK, the independence of judiciary has an important part in politic system since it is primary to UK constitution. There are two essential conventions that ensure the protection of judicial independence. Firstly, the cases in court are not commented by Parliament. Secondly, the principle of parliamentary privilege shows that the courts will insulate Members of Parliament from prosecution under certain circumstances. Nowadays, judicial independence is protected under s.3 of the Constitutional Reform Act 2005 [lawteacher.net. 2018]. For further promotion of judicial independence, political interference is reduced during the selection procedure.