How Independent are Judges in the UK?

      Judges salaries are relatively high in order to prevent corruption and to reflect the responsibility of their positions. In addition, their salaries are paid from the Consolidated Fund. This means that Parliament does not vote on the appropriation of money for judges’ salaries and so they do not become subject to party political debate.

     Judges decisions or matters awaiting a judicial judgement are not discussed in Parliament. This is a parliamentary convention to prevent the work of the judiciary becoming part of political debate. Preserving judicial independence does not only mean that judges should be protected from interference by politicians. It also means that judges should be prevented from entering political debate.

      Judges do not take part in partisan political activity. They are not allowed to join political parties although they are allowed to vote.

      Traditionally, judges do not make any public comments on matters of party political debate. This convention was clearly stated in 1955 by the lord chancellor Lord Kilmuir in a letter to the director- general of the BBC in which he stated that it was ‘undesirable for members of the judiciary to broadcast on the wireless or to appear on television……(because)….every utterance which he makes in public, except in the course of the actual performance of his judicial duties, must necessarily bring him within the focus of criticism.

      But the separation between law and politics is not total for many reasons, firstly the position of the Lord Chancellor, as head of the judiciary, should be independent but sits in the executive, and is appointed by the Prime Minister.

       The position of the top law officers, the judicial function of the House of Lords, the limited role of the judicial review of the UK courts, the large proportion of Parliament (MP’s) and the government who are lawyers by occupation and the use of judges in tribunals and inquiries into politically sensitive issues, are all part of the cause for the not total separation between law and politics.

       Although Judges should not be involved in politics, to a greater or lesser extent they are. Constitutionally, judges are expected to make mechanistic decisions with little or no room for their own opinions, but this is impossible. The nature of their political involvement is partly attributable to the nature of their position, but to some extent they have been brought further into politics over recent years both by their own actions and by those of the government.