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Judicial independance

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Kirsty Allison
Kirsty Allison

The document discusses judicial independence in the UK. It notes that the separation of powers is important to ensure judicial decisions are not politically biased. Previously, senior judges were selected through a secretive process by the Prime Minister and Lord Chancellor, allowing for political bias. A new appointments committee should remove this political bias. However, the Lord Chancellor still has some power to reject judges, allowing for political influence. The creation of the Supreme Court prevents conflict between the judiciary and legislature. Reforms ensure the Lord Chancellor never sits as a judge or is involved in appointments, keeping the branches independent.

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Judicial Independence SAAPLRC
Separation The Separation of Powers is important to the Judiciary’s Independence because it ensures their decisions are not politically biased.
Until recently senior judges were selected by the Prime Minister and Lord Chancellor – political bias could be present and it was a secretive process. This could influence Judges who were seeking promotion. Appointment
The new Judicial Appointments Committee should remove the political bias in senior judicial appointments and keep the executive out of judicial selection or promotion. Appointment
However the Lord Chancellor still has a limited power to reject a proposed new judge which allows for some political influence to remain. Power
Law Lords were members of the House of Lords in its legislative capacity but with the creation of the Supreme Court this will no longer be the case which prevents conflict of power with the legislature. LORDS
The Reform of the role of Lord Chancellor will ensure he never sits as a Judge or is involved to any great extent in the appointment of the Judiciary. Reform
Control Ensuring that the three arms of the state are kept independent of each other means that each can exercise control over the other two and without this separation it is easier for one person or a small group to take complete control (eg Zimbabwe).

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Judicial independance

  • 2. Separation The Separation of Powers is important to the Judiciary’s Independence because it ensures their decisions are not politically biased.
  • 3. Until recently senior judges were selected by the Prime Minister and Lord Chancellor – political bias could be present and it was a secretive process. This could influence Judges who were seeking promotion. Appointment
  • 4. The new Judicial Appointments Committee should remove the political bias in senior judicial appointments and keep the executive out of judicial selection or promotion. Appointment
  • 5. However the Lord Chancellor still has a limited power to reject a proposed new judge which allows for some political influence to remain. Power
  • 6. Law Lords were members of the House of Lords in its legislative capacity but with the creation of the Supreme Court this will no longer be the case which prevents conflict of power with the legislature. LORDS
  • 7. The Reform of the role of Lord Chancellor will ensure he never sits as a Judge or is involved to any great extent in the appointment of the Judiciary. Reform
  • 8. Control Ensuring that the three arms of the state are kept independent of each other means that each can exercise control over the other two and without this separation it is easier for one person or a small group to take complete control (eg Zimbabwe).