How can we Protect the Independence of the Judiciary - Conor Gearty's challenge

Do we need to include a statement of judicial independence in a written constitution? This might include a statement that judges are entirely independent of parliament and government, or that judiciary is not subject to outside influences.

Here is an example from the Irish Constitution: “All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.”

The Constitutional Reform Act 2005 ended the connection between judges and Parliament by setting up the new independent UK Supreme Court. Should the prohibition on judges sitting in Parliament be codified under the constitution?

In order to preserve judicial independence, do we need to protect judges’ salaries under the constitution?

Can a judge be removed from office? If so, who should have the power to remove a judge? In what circumstances?

 

VERSION 2:

All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.

 

edited on Apr 10, 2015 by ConstitutionUK
No comments yet, be the first to post one!
Share