Government secrecy police powers

The informal independence of judiciary is less certain from other branches of the state. Evidence of an independence judiciary comes from phrases like judges are not being allowed to be involved in any political party. This is the first factor that keeps judges away from political bias. Another point that shows we have an independent judiciary in the fact that judges are difficult to remove from office. Therefore this means that judges know they have a stable future and are not afraid of exposing their elections even they do go against the Government.

This means that the judiciary is independent. There have been many cases reported where judges have made decisions on cases that have been completely against the government, which is strong evidence to suggest that the judiciary is independent, also, more of evidence is that the judiciary is financially independent because judges are paid a decent wage which won't make them liable or bribery. On the other hand, there is one strong argument that suggests that we do not have an independent judiciary, and this is the fact that the Lord Chancellor is involved in all 3 states of law.

Being the Head judge and the one who appoints all other judges, if he is involved in the political sides of law, then there is little doubt that the Lord Chancellor allows his political views to influence his decisions over who he does and does not appoint as a judge, and who he removes from office even. Independence from the legislature- full time judges are not allowed to be House of Commons as they do not get involved in the law and make functions of parliament. Law Lords who sit in the House of Lords do not take part in political debates. Judges make laws through the doctrine of judicial precedent.

Independence from the executive- superior judges cannot be dismissed by the government. However the appointment of judges is not independent from the executive as the Lord Chancellor (Member of the government). Superior judges can be sacked by the agreement of the House of Parliament. The Lord Chancellor for incapacity or misbehaviour can sack inferior judges. Freedom of pressure-when judges are at work they are protected from outside pressure. For instance 1. Financial independence, this is where judges are paid out of the fund so that payment is made without the need for parliaments authorization.

2. Judges are not sued for actions taken or decisions made in the course of their work provided it is in 'good faith' 3. The security of tenure of superior judges protects them from the threat of removal. Professor Griffiths believes that judges are too pro-establishment and conservative when dealing with major issues in the court. For example issues related to industrial relations, political protest, race relations, government secrecy, police powers and moral behaviour. This is shown in the case decisions of the R. V. Brown.