Evaluating the judiciary and its independence

Overview

Recall questions on independence from the case and why judicial independence matters for impartiality, the rule of law and public confidence, and on criticisms of an unelected judiciary, judicial activism and the lack of diversity among judges.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What does independence from the case require of judges?

   Model answer

   Judges must have no personal interest in the outcome and must recuse themselves where there is actual or apparent bias.

2. 2

   How does judicial independence contribute to impartial decision-making?

   Model answer

   When judges are free from external pressure, they can decide cases based solely on law and evidence, ensuring impartial decisions.

3. 3

   Why is judicial independence important for protecting individuals against the state?

   Model answer

   Independent judges can rule against the government when it acts unlawfully, protecting individual rights against state power.

4. 4

   How does judicial independence help maintain the rule of law?

   Model answer

   Independent judges ensure laws are applied consistently and fairly to everyone, including the government, maintaining the rule of law.

5. 5

   Why does judicial independence promote public confidence in the justice system?

   Model answer

   When judges are seen as independent and impartial, the public trusts that cases will be decided fairly.

6. 6

   Why might judges being unelected be seen as problematic?

   Model answer

   Judges are unelected and therefore unaccountable to the public, which some see as undemocratic.

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