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Judiciary

What is the meaning of the Independence of the Judiciary? Is Constitutional Reform Act 2005 really provides an independence to judiciary?? And what is the criticisms of the judiciary independence???

Reply 1

Audrey18

Original post by Kibria47

What is the meaning of the Independence of the Judiciary? Is Constitutional Reform Act 2005 really provides an independence to judiciary?? And what is the criticisms of the judiciary independence???

which level is this for? A level or undergraduate?

Reply 2

Kibria47

Undergraduate... :smile:

Reply 3

Notoriety

Section 3 goes into some detail about how the independence of the judiciary will be maintained.

First you have this:

(4) The following particular duties are imposed for the purpose of upholding that independence.

These duties are:

(5) The Lord Chancellor and other Ministers of the Crown must not seek to influence particular judicial decisions through any special access to the judiciary.

(6) The Lord Chancellor must have regard to—
(a) the need to defend that independence;
(b) the need for the judiciary to have the support necessary to enable them to exercise their functions;
(c) the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters

The meaning of "independence of the judiciary" is therefore implied rather than explicitly defined. But it is clear it refers to at least the executive influencing the judiciary in such a way as to impede the judiciary performing their duties with impartiality. Note there is also no definition of "rule of law" under section 1.