2. Separation
The Separation of Powers is important to the
Judiciary’s Independence because it ensures
their decisions are not politically biased.
3. Until recently senior judges were selected by
the Prime Minister and Lord Chancellor –
political bias could be present and it was a
secretive process. This could influence Judges
who were seeking promotion.
Appointment
4. The new Judicial Appointments Committee
should remove the political bias in senior
judicial appointments and keep the executive
out of judicial selection or promotion.
Appointment
5. However the Lord Chancellor still has a limited
power to reject a proposed new judge which
allows for some political influence to remain.
Power
6. Law Lords were members of the House of Lords
in its legislative capacity but with the creation
of the Supreme Court this will no longer be the
case which prevents conflict of power with the
legislature.
LORDS
7. The Reform of the role of Lord Chancellor will
ensure he never sits as a Judge or is involved to
any great extent in the appointment of the
Judiciary.
Reform
8. Control
Ensuring that the three arms of the state are
kept independent of each other means that
each can exercise control over the other two
and without this separation it is easier for one
person or a small group to take complete
control (eg Zimbabwe).
