Questions

1. What is the role of the judiciary?
2. Why is judicial independence important?
3. What are its features?
4. Why is judicial neutrality important?
5. Who appoints judges?
6. How are senior judges removed from office?
7. When giving evidence to select committees, on what aspects of proposed legislation may judges comment?
8. What is the Lord Chancellor’s duty in respect of the judiciary?

Answers

1. The judiciary administers justice, upholds the rule of law, and acts as a check on executive power.
2. It requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. It is important because it enables judges to decide cases purely in accordance with the law, especially when scrutinising the actions of government.
3. Security of tenure; a judiciary that is separate from the executive and legislature; judicial immunity from civil liability for what judges say and do in exercising their judicial function; protection from criticism by ministers or in parliament; protection of the administration of justice.
4. Judges should be politically neutral and should only decide cases objectively in accordance with the law. They must be impartial and unbiased when making judicial decisions.
5. Since April 2006, judges have been appointed by the independent Judicial Appointments Commission to ensure openness and transparency. For judicial appointments to the High Court and above, it makes recommendations for appointment to the Lord Chancellor, who can accept, reject, or ask for reconsideration of recommended candidates. For judicial appointments below the High Court, the Lord Chief Justice accepts, rejects, or asks for reconsideration of recommendations.
6. Senior judges are removable from office only by an address to the Queen by both Houses of Parliament.
7. Only on how the proposals might affect the operation of the courts or the administration of justice.
8. The Lord Chancellor takes an oath to respect the rule of law, defend judicial independence, and ensure the provision of resources for the efficient and effective support of the courts.