This chapter considers the fundamental constitutional principle of judges being independent. Securing the independence of the judiciary is difficult and involves not only separation from the legislature and executive, but also from each other and the media. Issues of judicial ethics and restrictions on practice are also discussed.
Chapter
9. Judicial Independence
Chapter
Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Dimes v Proprietors of the Grand Junction Canal (1852) III House of Lords Cases (Clark’s) 759, 10 ER 301, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dimes v Proprietors of the Grand Junction Canal (1852) III House of Lords Cases (Clark’s) 759, 10 ER 301, House of Lords. This case concerns an example of a judge holding a pecuniary interest in a case they were adjudicating upon. There is also wider discussion of the concept of bias. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords. This case considered what types of interest, in addition to pecuniary interests, should require a judge to recuse themselves from sitting on a case. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
15. The Judiciary
This chapter begins with discussions of the role of the judiciary in the UK and its relationships with other institutions. After then looking at some facts and figures on the makeup of the judiciary the chapter considers the issue of judicial independence and how independence can be retained while ensuring that judges are accountable. There is a mini case study on the controversies surrounding media criticism of the judges following the decisions in the Miller 1 case. The chapter also considers impartiality; the appointment of judges; the need to improve diversity of the judiciary; and the use of judges to chair public inquiries.
Chapter
7. The Judiciary
This chapter, which focuses on the judiciary, discusses the structure of the judicial system, the role of the judiciary, and the characteristics of the judiciary.
Chapter
8. The Foundations of Justice
Andrew Le Sueur
Everybody agrees there is broad consensus that the constitutional principle of judicial independence is important. In relation to the core judicial functions of hearing cases and writing judgments, the central meaning and application of the principle is fairly straightforward: people holding public office (politicians, parliamentarians, and officials) must refrain from interfering with judicial decision-making in individual cases; and judges should be protected from illegitimate pressure from the news media and other organizations. But hearings and judgments do not ‘just happen’; they have to be facilitated by a wide array of institutions and processes (the justice infrastructure), covering matters as diverse as court buildings, litigation procedures, judicial careers, and legal aid. In the absence of a codified constitution, in the United Kingdom the justice infrastructure is set out in Acts of Parliament, delegated legislation and ‘soft law’ (including the 2003 ‘Concordat’). The day-to-day running of the justice infrastructure can be understood in terms of who carries out functions related to the administration of justice—the judges, government (in particular, the Lord Chancellor), functions shared between judges and government, and functions given to arm’s length bodies. Periodically, the justice infrastructure is reshaped. This is a constitutionally significant activity that may take place in different settings—the political environment, expert environments, and blended environments. The day-to-day running of this infrastructure, along with its periodic reshaping, presents numerous and complex challenges for a legal system intent on respecting judicial independence and facilitating access to justice.
Chapter
4. Judicial Independence
This chapter examines the notion of judicial independence. It discusses the Constitutional Reform Act 2005 and its provisions reforming the office of the Lord Chancellor, establishing a new Supreme Court, and restructuring judicial appointments. Judicial diversity and discipline, along with further change to the judicial appointments process, are also considered. The chapter also considers the accountability of the judiciary to Parliament and the public, and the relationship between judicial independence and parliamentary privilege.
Chapter
13. The judiciary
This chapter examines the role of the judiciary in the UK constitution, the critically important concepts of judicial independence and neutrality, accountability of judges, and judicial power. The UK courts administer justice; uphold the rule of law; and act as a check on executive power. Judicial independence requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. Meanwhile, judicial neutrality means that judges should determine legal disputes impartially, objectively, and solely by applying the law. At first sight, judicial accountability seems inconsistent with being independent, but it is essential that the judiciary adheres to the highest standards in carrying out its functions. In the absence of a codified constitution, the boundaries of judicial power operate within a framework of constitutional principles and conventions, but there is debate over the limits of that power.
Chapter
13. The judiciary
This chapter examines the role of the judiciary in the UK constitution, the critically important concepts of judicial independence and neutrality, accountability of judges, and judicial power. The UK courts administer justice; uphold the rule of law; and act as a check on executive power. Judicial independence requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. Meanwhile, judicial neutrality means that judges should determine legal disputes impartially, objectively, and solely by applying the law. At first sight, judicial accountability seems inconsistent with being independent, but it is essential that the judiciary adheres to the highest standards in carrying out its functions. In the absence of a codified constitution, the boundaries of judicial power operate within a framework of constitutional principles and conventions, but there is debate over the limits of that power.
Chapter
7. The Judiciary
This chapter focuses on the judiciary; the courts play a special role in constitutional terms and an independent judiciary is a prerequisite in any civilised society subject to the rule of law. The chapter first discusses the hierarchical structure of the judicial system in the UK before moving on to consider the role of the judiciary and issues that concern the courts’ place within, and responsibility for upholding the principles of, the constitution. Finally, the chapter examines the characteristics of the judiciary, such as the way that judges are appointed, the independence of the judiciary, and its diversity.
Chapter
14. Introduction to Judicial and Dispute Resolution Functions
This chapter provides an overview of the themes covered in Part IV of the book. Chapter 15 examines the constitutional position of judges within the United Kingdom, looking in particular at judicial independence and at the process by which judges are appointed. Chapter 16 looks at redress mechanisms outside the court system—a terrain often referred to as the landscape of ‘administrative justice’. Chapters 17–19 examines judicial review of the legality of actions taken by public authorities; Chapter 20 examines the use of human rights arguments against these authorities.
Book
Brian Thompson, Michael Gordon, and Adam Tucker
Cases & Materials on Constitutional and Administrative Law is an invaluable resource. Extracts have been chosen from a wide range of historical and contemporary cases and materials to illustrate the reasoning processes of the courts and to show how legal principles are developed. The extracts from the leading cases in the field are combined with legal, political, and philosophical materials and linked together with explanatory text, alongside extensive notes and questions for discussion. The book takes a critical look at the main doctrines of constitutional law as well as the principles of administrative law, examining the operation of the constitution in relation to Parliament, the government, and the citizen. Incisive commentary throughout the text provides explanation and analysis of the key issues and challenges in constitutional and administrative law. The thirteenth edition has been fully revised and updated to reflect the latest developments in legislation, case law, and politics, including the process and implications of exiting the EU, and the UK’s new post-Brexit legal arrangements; continuing change and challenges to the devolution settlement in Scotland, Wales and Northern Ireland; major Supreme Court decisions in Miller (No.2) / Cherry, UNISON, the Scottish Continuity Bill Reference, and Privacy International; new developments in relation to ministerial responsibility and parliamentary accountability (including the impact of the coronavirus pandemic); proposed repeal of the Fixed-term Parliaments Act 2011; and discussion of proposals for reforms of judicial review and tribunal appeal processes, as well as proposed reform of ombudsmen. This text continues to provide instant access to an unrivalled collection of up-to-date judgments, statutory provisions, official publications, and other policy materials.
