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6 - Appointment, discipline and removal of judges

fundamental reforms in the United Kingdom

from Part II

Published online by Cambridge University Press:  07 September 2011

H. P. Lee
Affiliation:
Monash University, Victoria
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Summary

When the time comes to identify the most significant legacy of the period of the Labour Government from 1997 to 2010, it is likely that constitutional reform will be a strong contender. Under a broad ‘modernisation’ manifesto, a raft of changes were introduced which have reshaped the constitutional map of the United Kingdom. Devolution of power to Scotland, Northern Ireland and Wales, the reform of the House of Lords and the incorporation of the European Convention on Human Rights into domestic law are some of the most familiar of these reforms. Equally important, though less widely known, are the profound changes affecting the judicial branch of government. In June 2003, the government announced, unexpectedly, that the office of Lord Chancellor was to be abolished, a new Supreme Court was to be set up and the judicial appointments process radically reformed. At the time, some commentators claimed that these proposals were an attempt on the part of the Government to take control of an increasingly activist judiciary. As the details emerged, however, it became clear that such fears were unfounded. Indeed, one of the most paradoxical and striking features of the reforms was that they effected a fundamental shift of power away from the executive.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Malleson, K.Judicial Reform in the UK: The Emergence of the Third Branch of GovernmentMcDonald, A.Reinventing Britain: Constitutional Change under New LabourLondonMethuen-Politicos 2007 133Google Scholar
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Rozenberg, J.The Search for JusticeLondonHodder & Stoughton 1994Google Scholar
Pannick, D.JudgesOxford University Press 1988 76Google Scholar

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