Judicial Independence Essay

The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial. In Art 7 Act of Settlement !701, it states that Judges hold office during good behavior and can only be removed by an address to the Crown by both houses of Parliament. From the case Starrs v Chalmers, we observed that a judge has the independent

There is mainly two doctrine of rule of the idea of rule of law which are content rich doctrine and content free doctrine. No matter which doctrine, both of them promote the idea that everyone should be equally bound by and entitle to the benefit of the law. In The `Rule of Law’, he identified eight kry principles which characterize the rule of law including the law must be accessible and so far as possible intelligible, clear and predictable, and the law must afford adequate protection of fundamental human right

As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of