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
15. The Judiciary
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
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
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.
