To what extent are UK judges both independent and neutral?
Unit 2 Stimulus – The Judiciary
1a) With reference to the source, describe the measures that exist to maintain the independence and neutrality of the judiciary.
The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their salaries ‘are paid from the Consolidated Fund’ and aren’t fixed or changeable by Parliament or the government which keeps the judiciary free from political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by ministers and civil servants too. Judges are said to be kept neutral because they lack politically ‘partisan activity’ as they don’t comment on ‘matters of public policy’ and avoid siding with different party governments. Another way the judiciary has been made increasingly independent and neutral is the changed position of the Lord Chancellor following the ‘2005 Constitutional Reform Act as he was previously the ‘head of the judiciary, the presiding officers of the House of Lords and a member of the Cabinet’. This Act removed his judicial role and transferred it to the Lord Chief Justice while also separating the ‘law lords’ from the House of Lords via the ‘establishment of a new Supreme Court’ in 2009. This again, separates the judiciary from the legislature and executive which enhances independence and neutrality.
1b) With reference to the source and your own knowledge, explain how the judiciary has been reformed since 2005.
The judiciary has had major reforms implemented since 2005 under the Constitutional Reform Act of 2005 which aimed to enhance the independence of judges from the legislature and executive.
First of all, the role of the Lord Chancellor was altered as he was previously the head of the judiciary, was a member
1a) With reference to the source, describe the measures that exist to maintain the independence and neutrality of the judiciary.
The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their salaries ‘are paid from the Consolidated Fund’ and aren’t fixed or changeable by Parliament or the government which keeps the judiciary free from political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by ministers and civil servants too. Judges are said to be kept neutral because they lack politically ‘partisan activity’ as they don’t comment on ‘matters of public policy’ and avoid siding with different party governments. Another way the judiciary has been made increasingly independent and neutral is the changed position of the Lord Chancellor following the ‘2005 Constitutional Reform Act as he was previously the ‘head of the judiciary, the presiding officers of the House of Lords and a member of the Cabinet’. This Act removed his judicial role and transferred it to the Lord Chief Justice while also separating the ‘law lords’ from the House of Lords via the ‘establishment of a new Supreme Court’ in 2009. This again, separates the judiciary from the legislature and executive which enhances independence and neutrality.
1b) With reference to the source and your own knowledge, explain how the judiciary has been reformed since 2005.
The judiciary has had major reforms implemented since 2005 under the Constitutional Reform Act of 2005 which aimed to enhance the independence of judges from the legislature and executive.
First of all, the role of the Lord Chancellor was altered as he was previously the head of the judiciary, was a member