How is judicial neutrality guaranteed?

  1. HIGH-LEVEL TRAINING
  • Substantial experience and training as barristers – personal bias put aside – can be moved away from more serious cases whilst performance is monitored.
  • g. before Lord Reed was in SC he was senior judge in Scotland for 13 years.
  1. LEGAL JUSTIFICATIONS
  • expected to offer an explanation for how their decisions are rooted in law.
  • After the prorogation the court explained that any prorogation would be unlawful “if it has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature”
  1. RESTRICTION ON POLITICAL ACTIVITY
  • Not supposed to campaign on behalf of a party/pressure group – must declare any personal interest in a case before it starts – expected to recuse themselves if it would be inappropriate for them to hear the case.