(B) Discuss the Ways in Which Judges Independence Is Maintained

(b) Discuss the ways in which judges’ independence is maintained. (12)

It is important for there to be judicial independence as it enables judges to make free independent and impartial decisions, without fear of reprisal. One way in which judicial independence is maintained is that judges have security of tenure. Security of tenure makes it very difficult to dismiss a judge; this is to ensure that the judge acts without fear of losing their job at the hands of the government of other bodies. Judicial independence is also maintained by the fact that judges cannot be sued for anything done in their judicial role, however appeals can made against a judge if the judge has an interest in the case. The judicial salaries are paid out of a consolidated fund, which is not voted upon by parliament, so they can act without fear of a wage cut if they make unpopular decisions, thus judicial independence is maintained. Judges are unable to become members of political parties, this is to prevent them being influenced into making decisions based on the parties views. The Constitutional Reform Act 2005 drastically reduces the Lord Chancellor’s involvement in the judiciary. The Constitutional Reform Act 2005 has also changed the process in which judges are appointed; the Judicial Appointments Commission was created so the selection process was fairer as in the past the Lord Chancellor chose who became a judge and this was seen as biased. Overall the judical independence is maintained by the rules and regualtions set to ensure the idependence.