The Importance Of Judicial Independence In The English Legal System

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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 of justice. Not only did they hear and decide cases, they also play a critical role in ensuring the executive act intra vires through judicial review. The role of judges have changed significantly especially with the passing of Human Right Act 1998 (herein with HRA 1998). The act empowered judges to scrutinise action of Legislation and Executive to enforce human right. However, judges are not elected, thus, they do not have popular mandate . The legitimacy of their decision lies in the respect and confidence from the public. When people lost confidence toward the court, they will refuse to recognise the decision of court and resort to other mean to solve the matter. Thus, it can be concluded that the judiciary must be impartial in

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