What is judicial independence?

  1. SECURITY OF TENURE
  • Appointed for an open-ended term, only requirement is they retire by 75, politician cannot influence by threating to sack/suspend them, can only be removed through impeachment proceedings that require a vote in both houses of parliament (never).
  • Guaranteed salaries by the Consolidated Fund – they are classified – politicians can’t manipulate salaries as a method of control.
  1. OFFENCE OF CONTEMPT OF COURT
  • Media/ministers prevented from speaking publically during legal proceedings – justice administered fairly without public pressure – Daily Mirror £10,000 in 2012 for breaking contempt of court laws.
  1. GROWING SEPARATION OF POWERS
  • Creation of SC produced greater sep – before 2009 Law Lords were both senior judges and Lords – Lord chancellor was also a member of all 3 branches of gov – divided into 3 separate positions – Justice sec, chief justice + lord speaker.