Skip to main content Accessibility help
×
Home
Hostname: page-component-684899dbb8-5dd2w Total loading time: 0.383 Render date: 2022-05-20T02:08:15.415Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true }

9 - Conclusions

Published online by Cambridge University Press:  05 June 2014

Shimon Shetreet
Affiliation:
Hebrew University of Jerusalem
Sophie Turenne
Affiliation:
University of Cambridge
Get access

Summary

9.1 Judicial independence has carried different meanings throughout history, just as social standards differ with the economic and political environment. This book has focused on the importance of the institutional checks and balances over the judiciary and their practice in England, with the purpose of exploring the modern meaning of judicial independence. Our analysis is developed in the context of England and Wales. This does not imply that any meaning of judicial independence is deeply entrenched in any given society and cannot be measured under a common standard. Rather, judicial independence is perhaps best understood in relation to the background of any given society. It will have a different meaning in a jurisdiction where judges are appointed from the ranks of practising lawyers in comparison to a jurisdiction where there is no distinction between barristers and solicitors, and where judges are appointed and trained for their roles from graduation. Thus, the contemporary features of the English judiciary are its constitutionalisation under the Constitutional Reform At 2005 (CRA), the managerialism that is now attached to the judicial office and its professionalisation.

Beyond the particular scrutiny of the English judiciary, the analysis of this book would confirm the insight that judicial independence is underpinned by a cluster of principles whose weight varies against the history and constitutional background of any given society. These principles have been examined in turn, through successive chapters, and in relation to each other. Separation of powers, merit and fair reflection of society in appointments, and impartiality in the exercise of the judicial function are core values which sustain judicial independence; judicial tenure, an adequate salary and the principle of immunity from civil liability in the discharge of the judicial office complete this set of constraints upon judges and others in the name of judicial independence.

Type
Chapter
Information
Judges on Trial
The Independence and Accountability of the English Judiciary
, pp. 419 - 429
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Drewry, G., ‘Lord Haldane’s Ministry of Justice – Stillborn or Strangled at Birth?’ (1983) 61 Public Administration396CrossRefGoogle Scholar
Bell, J., Judiciaries within Europe, A Comparative Review (Cambridge University Press, 2006)Google Scholar
Bogdanor, V., ‘Parliament and the Judiciary: The Problem of Accountability’, Third Sunningdale Accountability Lecture, 2006

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Conclusions
  • Shimon Shetreet, Hebrew University of Jerusalem, Sophie Turenne, University of Cambridge
  • Book: Judges on Trial
  • Online publication: 05 June 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005111.010
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Conclusions
  • Shimon Shetreet, Hebrew University of Jerusalem, Sophie Turenne, University of Cambridge
  • Book: Judges on Trial
  • Online publication: 05 June 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005111.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Shimon Shetreet, Hebrew University of Jerusalem, Sophie Turenne, University of Cambridge
  • Book: Judges on Trial
  • Online publication: 05 June 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005111.010
Available formats
×