Social Background of the Judiciary

The Independence of the Judiciary

Appointment and Tenure

SUPLEMENTARY READING

The Jury Finds Charles Bell Guilty

During the trial Country judge Ernest Brain asked the witness, defendant, barrister, solicitor questions and after the announcement (оголошення) of the decision of the jury he makes a short speech and passes a sentence (виносити вирок): “Sentenced to 6 years of imprisonment and partial confiscation of the property in order to satisfy the suit of the victim of Ј40,000”.

The act of settlement 1700 laid down the statutory foundation for the appointment of judges. Judges held office quamdiu se bene gesserint (if they were of good behaviour). This gave judges security of tenure, and they could be removed only upon address of both House of Parliament. However, no English judge has been removed under this procedure. This security of tenure available to the superior judge is not enjoyed by circuit judges of recorders; they can be removed by the Lord Chancellor for misbehaviour or incapacity. From April 1995, posts for circuit judges and district judges must be advertised, applicants being selected by a panel. This move was intended to combat some of the criticisms in respect of the appointment of judges.

Judges must be completely impartial when applying the law and should not allow any political favour or bias to influence their judgment. The idea of the independence of the judiciary from the state is important to the legal system; protection from removal and the doctrine of judicial immunity reinforces this. Mush stress is laid upon the constitutional importance of the independence of judges, and accords with Montesquieu’s theory of separation of the powers. To maintain the idea of non-political interference, judges cannot be Members of Parliament. However, the Lord Chancellor’s position is rather incongruous, having a foot in both camps – being a political appointee and member of the government.

Judicial immunity from civil suit protects superior judges in respect of their activities during the course of judicial office.

The judiciary is criticised because its members are usually drawn from a very elite social background, mostly from public schools and Oxford or Cambridge universities. They are from upper-middle-class origins, and it is suggested that because of this and their isolation from life within society they are out of touch with the moral values of the generation they are trying and sentencing.

Дата добавления: 2014-12-17