ABSTRACT

Once appointed, the independence of the judiciary from the executive and from Parliament is protected both by statute and convention. Without independence from the other institutions of government, judges would be unable to carry out their duties in an impartial manner. Independence is both personal and collective. The Lord Chief Justice is the head of the judiciary assuming the additional title of President of the Courts of England and Wales and Head of the Judiciary of England and Wales. In England and Wales, the Judicial Appointments Commission (JAC) was established under the Constitutional Reform Act 2005. In Northern Ireland, the JAC, established under the Justice Acts 2002 and 2004 has been in operation since 2005. The Commission recommends appointments to the Queen, via the Lord Chancellor. In Scotland, the Judicial Appointments Board has operated since 2002. If judges are to fulfil their constitutional role they must be free from fear of dismissal on political ground.