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Legal Personnel

Separation of powers and judicial independence

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  • Component 1

Overview

Recall questions on the roles of the legislature, executive and judiciary under the separation of powers, and on how security of tenure, immunity from suit, the Judicial Appointments Commission and the Constitutional Reform Act 2005 protect judicial independence.

What you need to know

Answer each one before you reveal it.

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Key term

How do security of tenure and immunity from suit protect judicial independence?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    According to the separation of powers doctrine, what is the function of the legislature?

    Model answer

    The legislature makes law.

  2. 2

    Under the separation of powers, what role does the executive perform?

    Model answer

    The executive implements law.

  3. 3

    Why does the separation of powers doctrine require the three arms of the state to be separate?

    Model answer

    To prevent concentration of power and protect individual liberty.

  4. 4

    What is security of tenure and how does it protect judicial independence?

    Model answer

    Security of tenure ensures senior judges cannot be removed from office except by an address of both Houses of Parliament for misconduct, protecting them from political pressure.

  5. 5

    Explain what immunity from suit means for judges.

    Model answer

    Immunity from suit means judges cannot be sued for actions taken in their judicial capacity, protecting them from pressure through threat of litigation.

  6. 6

    What is the Judicial Appointments Commission and what is its purpose?

    Model answer

    The Judicial Appointments Commission selects candidates for judicial office based on merit, promoting independence from political influence in appointments.

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