1. The Judiciary and its Independence

2. Learning Objectives What is the judiciary?
What is the role of the judges?
Why is the independence of the judiciary?
How is it secured in Britain?

3. Role of the Judges and their increasing political significance
The branch of government responsible for the adjudication of law and arbitration between parties
Interpreting the constitution / ensuring laws passed are in accordance with its wording / spirit
Increasing political role – third branch of government
What extent are they / should they be involved in the policy making?

4. The Functions of the Judiciary
Preside over criminal trails for serious offences
Deliver Sentences
Peacefully resolve civil disputes between individuals
Uphold the will of the legislature
Responsible for judicial review
Chair enquiries

5. Role of Courts Expanding role of government
Increasing complexity of government machinery (Conflict of interests between branches and levels of government)
Increasing emphasis on rule of law and citizens rights
Litigation Culture
Sensitive Issues

6. Administration of justice in the UK
Ministry of Justice (Sentencing / probation / prisons etc – From crime to release)
Lord Chancellor = Head (Security of State for Justice and Law reform)
Home secretary (responsible for the police / security service)

7. Supreme Court of the UK from 2009

8. The independence of the judiciary and how it is secured
Many states = constitution provides independence of judiciary (expected that the judicial system will be able to function freely and without any interference from the government of the day
Contrast with less Liberal states (pressure to deliver ideological verdicts etc)
Judicial Protection = Courts / salary / criticism

9. Task
In what ways have the courts in many countries become increasingly involved in politics?
Is the British judiciary independent?