Importance of Judicial Independence in Public Law

This assignment discusses the concept of judicial independence in public law and its importance in ensuring the rights and freedoms of individuals. It also explores the United Kingdom's constitution and its provisions for the separation of powers between the judiciary and other branches of the state.

PUBLIC LAW
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Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
Importance of judicial independence..........................................................................................3
United Kingdom’s constitution allows for separation ...............................................................6
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9
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INTRODUCTION
Public law refers to relationship between people and government, or different branches of
government. There are various laws like, tax law, constitutional law, criminal law. These are
laws that are made for safety and benefit of public. Rights are provided by government which is
used by people for their safety. Usually, public legislation comprises with constitution law, tax,
administrative and other kind of criminals legalisation. Sometimes, Public law become important
to govern as asymmetric or unequal. UK government bodies will be decided to make important
decision about the rights of individual person. However, a consequences of specific rule or
regulation, authorities may act within specific regulation.
This assignment will discuss about the concept of judicial independence in the constitution
principle, also suggest as judgment free to examine the power of judicial without interference of
power, state and legal bodies. This report will discuss the importance of judicial independence
and how will support in entire government legal bodies. Furthermore, this documentation will
describe the constitution of United Kingdom and identify that how will allow for separation
between judiciary as well as branches of state.
MAIN BODY
Importance of judicial independence
Judicial independence can server as safeguard for essentials rights of individual people, privilege
provided by limited constitution. It is helping to prevent executive and other legislative
encroachment upon different rights. Generally, it can server as foundation for different rules,
regulation and democracy. It means that understand the essential aspect of judicial independence.
In UK, legal authorities must have a power to come from different source of legislation. Under
the circumstance of judicial independence system (Daly, 2020). Court and other officer are free
from their intervention regarding judiciary affairs. With use of independence, judiciary can be
consider as safeguards for individual people rights and freedom. In order to ensure all kind of
equal protection.
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Independence Judiciary is vitally important in context of democracy that provide
individuals as equal rights. In this way, individual people can understand their equal rights and
regulations. When applying specific judicial function, it is required to free from different
incorrect influences. These arises from various sources and also increase as improper pressure
by implementing appropriate legislation.
In United Kingdom, Independence Judiciary plays as important role and able to provide
the better opportunities for people. By using the judicial concept, any issue can be solved with
the help of evidences which will be represented in the court. Only important facts and law
should be gathered or collected more evidence. Afterwards, court will decide to make better
decision. It is only way in which judges can discharge a particular person on the basis of their
constitutional responsibility (Fiadjoe, 2020). This will help for providing the fair and impartial
justice. A major responsibilities of judges in which understand the dispute between UK based
citizen and branch state. Therefore, it has been increased the involvement of government
functions since last few years. The primary responsibility of law is to secure citizen against any
unethical act or something that is wrong according to law. Sometimes, it is an essential aspect to
understand the need of judiciary and independence of UK government.
An independent,other impartial based judiciary, which is consider as one of the
important part of democracy. The practical aspect for in which identify the significant effect and
often treated with proper suspicions. For instance - In UK, Judges are basically provided as
powerful support for individual people on the basis of prosecution for different acts. It may carry
out in greater performance of their judicial functions. This is not only provide the better
advantage, benefits from immunity from being used suitable things.
According to judicial acts, judges must have right to take different actions regarding
issues without involving any other state and media. (Walsh, 2020). In United Kingdom, it plays
important role because final decision is taken by judges on the particular issues between state
and citizen. For Example- it is clearly represent the inappropriate aspect for judgement and also
applicable the charge of criminal activities against a citizen to influence by other state.
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Sometimes, it would be something that unacceptable at the time of judgement and come under as
specific pressure to admit in certain proofs. The important decision has made on the basis of
particular evidence facts and legislation.
Judicial independence is consider the important because judge is usually dealing with civil
as well as criminal. An individual people can involve in different cases before court need to be
sure about the dealing with particular cases. It is not completely influenced by other parties.
Sometimes, court has been make a decision on the personal interest such a fear of being sued for
purpose of defamation. At that time, it is an essential aspect that judges are becoming a free from
any kind of improper influence. A practical instance regarding significance of judicial
independent is that where involvement of high profit matters, these are automatically generated
as better deal of media interest, which come before the court (Gutmann and Voigt, 2020). There
are different matters related to the criminal trails of individual person accused in murder, divorce
of UK citizen and problems to the government policy and procedures. Such as - Availability of
new health treatment service or drugs provided to the NHS patients. Within 24 hours, it has been
covered the medium age under which patient serve. Sometimes, it stands to the some reason that
judge can find the actual case and make a proper decision. It is the right way to judge individual
person on the basis of their capabilities and abilities. But it is important aspect that essential
decision related the courts which are made according to rules and regulations. These are always
influenced individuals by outsiders. However, it can support points which will directly impact
on the actual result or outcome.
The importance of Judicial Independence in UK, where Crown court can perform the
criminal meeting in England or Wales. The judge does not require to decide the guilt or any type
of innocence. Usually, the final result is made by legal jury where they can decide to find the
particular need or requirement for decision-making (McEvoy, and Kleefeld, 2020). Initially,
resident citizen of UK has been registered as electors selected at randomly. If the jury has
decided that defending party is in fault and then perform task of judge to pass sentence.
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United Kingdom’s constitution allows for separation
In United Kingdom, there are three different legal systems: one each for England or
wales, Scotland and northern. These are basically reflects on its historical origins or facts.
Traditionally under the Union act 1707 and 1800, primarily deals with judiciary of England as
well as Wales. In particular, the justice system is allocated into three different branches of states.
Other two branches are considered the government, executive and legislature which consists of
two hour parliament (Kastenberg and Harris, 2020). In context of democracies, three different
branches of state are completely separated from each other. Each and every branches of state
have performed the specific role or function. Therefore, it is clearly defined the written
constitutions of UK, preventing as concentration regarding power of one brand. in order to
enable the each branch where they can serve as check the availability of specific legislation. in
this way, it is also refer to as separation of powers.
United Kingdom, Uniquely but it does not have a constitution that is contained in the
form of writing. It has found that statues passed by parliament and its common rules of
regulations. Two nations such as Israel, New Zealand, are like as UK in not having a
constitutional instrument in writing. Different countries differ in this way from almost all
different nations. Such instruments, for instance that of US, which has become one of the best
written constitutions. These often have a high level status in context of ordinary rules or
regulations.
A lack of written law is one of the biggest effect of way in UK and also evolved the both
political as well as legal institutions since 1066. Other consequence is that different institutions
did not have separate the actual functions and power of three branches of state, executive, as
well as judiciary.
In context of democratic government, it has been performed the different functions
properly, consider as essential part of constitution in separation of judiciary and the other
branches of state. It means that written constitution of UK allows them to distribute the power of
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separate branches with government. In all of modern democracies, it is probably one of the basic
concepts in which underlying the majority of legislation.
Separation of power in UK-
UK is based on the most special state in global world. It has been already divided the few
states which do not have a proper constitution in written. This is because, it is possible to claim
where it is not easily categories the formal separation of power.
The Legislation power- This type of power is basically composed of three different parts
such as House of Lords, House of Commons and monarch. However, monarch has become the
nominal power and also listen to the particular advice of Prime minister (Kitsakis and
Dimopoulou, 2020). The house is usually made of different elected members of parliament. It
should be performed the different functions such as create or develop law. It helps government in
making important decisions related to finance.
The Judicial Power- main function of this branch is to hear a particular problem and resolve
matters through proper regulations. However, judiciary has one of the important aspects in order
to develop a better legislation through their judgments. The judiciary has been consist of judges
in particular court, who are holding the official ways. Different senior judicial officer has made
by crown. Sometimes, it has been identified that judiciary in UK is basically independent of both
executive as well as parliament. So, once judges are basically appointed when they are
completely independent and have authority to perform different actions.
All the laws and legislations are related to each other . Although the common law system
of legislature and executive are not kept as strictly separate. It is mainly focused on the subject to
handle the regular bodies, being require to resolve queries of parliament members (Luther,
2020). in separation of judiciary and branches of state, they are influential in the best way to
interpret or apply the legislation. At certain point, it is not challenging to validate the act of
parliament unless it may occurs in breach of European rule and regulation. in Court, judges are
responsible in term of common rules or regulations development. It may have legislate to
improve general aspects of laws.
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CONCLUSION
From above discussion, it has concluded that public law is becoming consider an essential
aspects in which provide the better protection services for individual people. That’s why, UK
government has decided to implement suitable public legislation in order to maintain the legal
system in proper manner. As per analysis, it has been identified that public legal aspects establish
a strong relationship with legal persons as well as government. Different kind of institutions
within a particular state, between examine the branches of government.
In this report, it has been summarized about the concept of judicial independence in the
constitution principle, also suggest as judgment free to examine the power of judicial without
interference of power, state and legal bodies. Analysis the significance of judicial independence
and how will support in entire government legal bodies. Furthermore, it can be identified the
constitution of United Kingdom, where examined the separation between judiciary and branches
of state.
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REFERENCES
Book and Journals
Daly, P., 2020. Judicial Independence and Accountability in the British Constitution.
In European Yearbook of Constitutional Law 2019 (pp. 143-170). TMC Asser Press, The
Hague.
Fiadjoe, A., 2020. Commonwealth Caribbean Public Law. Taylor & Francis.
Gutmann, J. and Voigt, S., 2020. Judicial independence in the EU: a puzzle. European Journal of
Law and Economics. 49(1). pp.83-100.
Kastenberg, J.E. and Harris, F., 2020. The Campaign to Impeach Justice William O. Douglas:
Nixon, Vietnam, and the Conservative Attack on Judicial Independence. University Press
of Kansas.
Kitsakis, D. and Dimopoulou, E., 2020. Assessing the environmental impact of 3D public law
restrictions. Land use policy. 98. p.104151.
Luther, J., 2020. Judicial Independence and Accountability in the Council of Europe and the
European Court of Human Rights. In European Yearbook of Constitutional Law
2019 (pp. 197-220). TMC Asser Press, The Hague.
McEvoy, J.P. and Kleefeld, J.C., 2020. Judicial Independence and Judicial Place of Residence: A
Tale of Two (or More) Cities?. Can. B. Rev. 98. p.179.
Walsh, J.A., 2020. Judicial councils and the process for the removal of lower-court judges in
Argentina: judicial independence at the federal level, in the Autonomous city of Buenos
Aires, and the province of Tucuman (Doctoral dissertation, University of Surrey).
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