Feature, How & Impact
| Feature | How | Impact |
|---|---|---|
| Independent Selection | Judicial Appointments Commission (JAC) | Ensures judges are chosen via merit-based interviews, not political favour. See Independence and Neutrality |
| Separation | Constitutional Reform Act 2005 | Created the UK Supreme Court to move judges out of the House of Lords. This meant that prior - all House of Lords Court judges were lords - joining the legislature and Parliament. This change was represented both physically but also literally. Supreme Court judges no longer become lords and do not hold court in the House of Lords. |
| Financial Autonomy | Consolidated Fund | Salaries are paid from an independent source, preventing Parliament from using pay as leverage. |
| Political Silence | Kilmuir Rules | Prevents judges from participating in public debate and letting their political beliefs publicly known. |
| Non-Interference | Sub Judice Rule | Bans MPs and ministers from commenting on active cases to prevent political pressure. |
| Expert Training | The Bar / Judicial College | Requires ~20 years of experience, ensures focus remains strictly on legal precedent. |
| Public Oversight | Supreme Court Website / Live Streams | Rulings are filmed and published to prove decisions are based on evidence, not opinion. |
| Bill of Rights Influence | Human Rights Act 1998 | Requires the neutral interpretation of cases involving government overreach. |
Analysis (AO2)
| Neutrality/Independence | Change/Issue | Type | Description |
|---|---|---|---|
| Independence | Judicial Appointments Commision | Significance | Reduces the control/power of the executive (Lord Chacellor) |
| Independence | Constitutional Reform Act 2005 - creation of the Supreme Court | Significance | Separates the Supreme Court from the House of Lords, reduces influence/fusion* |
| Independence | Contempt of Court Act - sub judice rule | Significance | The sub judice rule prevents parliamentary debate or public commentary from active court cases to avoid any influences on the legal process, ensuring a fair trial. Prevents external influences on the trial, i.e., David Cameron on the [[Gillro Sister’s Case (R v Grillo)]] and the Phone Hacking Trial |
| Independence | Security of tenure - they cannot be fired easily | Effect | Prevents over-head pressure on judges (risk of losing their job), allowing them to, i.e., more freely make decisions against the government in judicial reviews. |
| Independence | Judges cannot easily have their pay changes - consolidated fund | Effect | Prevents over-head pressure on judges (risk of losing pay, affecting their lifestyle and putting them at risk), allowing them to, i.e., more freely make decisions against the government in judicial reviews.** |
| Neutrality | Judges should not openly support a political party | Effect | Prevents judges from having their beliefs used in a trial to lead against/for a side. |
| Neutrality | Training & experience | Significance | Judges have a long history with legislation, knowing the procedures and expected/fair ruling |
*weak description/reasoning. **repetitive.
Judicial Appointments Commission (JAC)
Warning
AI assisted writing.
Prior Issues (pre-JAC)
The previous system was known as “Secret Soundings”.
- The Lord Chancellor would consult informally and privately with senior judges and legal professionals.
- There was no open application or formal interview process.
- It was often criticised as an “Old Boys’ Network” because it relied on personal recommendations rather than transparent, merit-based selection.
Note
The Lord Chancellor (pre-Constitutional Reform Act 2005) had no separation from the three branches as government, fusing the legislative, executive, and the judiciary.
Current Issues
- The JAC only recommends one candidate for a vacancy.
- This forces the Lord Chancellor into a “take it or leave it” position, which critics argue lacks true democratic accountability.
- The Lord Chancellor has a statutory power to reject a recommendation or ask the JAC to reconsider it.
Note
While they can block a candidate, they cannot suggest their own.
Constitutional Reform Act 2005
Changes
- Created the Supreme Court
- Established the JAC
- Changed the Lord Chancellor
- Stripped of their power to be a judge
- Now just a government minister (“Minister of Justice”)
- Protected Independence by Law
- Made it a legal duty for the government to protect the independence of judges and not interfere in their work.
Case Studies
Jonah Barrington
- Stole over £10,000 from the courts
- Fines were paid in coffers
- There were many of these
- He fled to America
- Got fired in 1830 since he would not return them