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Essay On Judicial Biasness

3000 Words12 Pages

According to the rule of law, courts are better protector of individual liberty. Courts adjudicate dispute and exercise check and balance on the executive. Hence, judiciary independence is the heart of democratic system which earns the confidence of public. While there lacks a written constitution safeguarding judicial independence, the court is protected by various ways such as statute , parliamentary protection and common law. The maxim nemo Judex in causa sua state that no one shall be the judge of his own cause provides the rules against bias. The author will now examine the importance of judicial independence and the approaches of the English Legal System toward the concept of judicial biasness.

1.0 The Roles of Judges
Judges are upholder …show more content…

Hence, it is importance for courts to be impartial and free from the influence by the executive. Independence of judiciary is a “constitutional fundamental” that cannot be trespassed upon by other branches of government. However, previously, Lord Chancellor, seems to be in conflict with the statement. Lord Chancellor, a member of executive, was head of judiciary who can preside over the appellate court of House of Lord. Lord Chancellor was also involved in the selection and appointment of judges which can exert executive influences into judiciary. The possible biasness of judges to rule in line with executive’s ideology can be seen in the 1800s where Lord Halsbury appointed judges with his political allies and reflected that the ruling party could explicitly influence the composition of the bar on ideological lines as illustrated in case law such as London Tramsways v London City Council. Following public pressure and the enactment of HRA 1998, the appointment system has been reformed by Constitutional Reform Act 2005 which shows a greater independence of judiciary. Judicial Appointments Commissions was introduced under S.61 to take over Lord Chancellor’s responsibility in selecting judges. Thereof, candidate will be chosen based on merit and best candidate will be recommended to Lord Chancellor for

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