'The Constitutional Reform Act 2005 resulted in a much clearer separation of powers, but still does not provide absolute protection for the independence of the judiciary'. Discuss

'The Constitutional Reform Act 2005 resulted in a much clearer separation of powers, but still does not provide absolute protection for the independence of the judiciary'. Discuss

Introduction

The paper discusses, “The Constitutional Reform Act 2005 resulted in a much clearer separation of powers, but still does not provide absolute protection for the independence of the judiciary.” Most of the constitutional theories discusses that the constitutional reform of 2005 has created a line between government and judiciary. However, the main aim of this reform is to change the main role of Lord Chancellors. The reform discusses all the responsibilities of the duty ministers and asks them to uphold the independence of the judiciary. The constitutional reform act of 2005 does not provide absolute protection for the independence of the judiciary because judges have been dependent on the government to take decisions.

Discussion

Judges are holders of public office. The role of a judge is largely determined by the court in which he or she sits. These functions may include hearing trials in the civil legal process and the criminal process, hearing appeals from determinations of lower courts, and adjudicating on constitutional questions. Outside the courtroom, judges may be called upon by the government to chair public or judicial inquiries into disasters, scandals, and other controversial events a task that some critics suggest risks undermining public confidence in the judiciary.

The independence of the judiciary or the judicial power is a principle recognized in all constitutional democracies. It seeks to ensure that, cases are decided according to the law as interpreted by the judges, and that judges are insulated from improper external influences. The principle operates at two levels: it protects individual judges, and it calls for the collective protection of the institution of the judiciary.

In many legal systems around the world, the greatest threats to judicial independence are financial and political corruption (it also includes the government entities). In the UK, the main threats are of a different character which is populist tabloid newspapers. This newspaper delights in personalized attacks on judges oblivious to the risks of undermining public confidence in the administration of justice, rule of law and the tendency. In 1990s, some government ministers disparage judges and judgments which are regarded as politically inconvenient.

The Constitutional Reform Act 2005 has brought about important reforms to some aspects of judicial independence. There is a clearer division of responsibility between the role of the government minister responsible for judiciary related matters (the Lord Chancellor) and the senior judiciary. The Lord Chancellor is no longer a judge or head of the judiciary. The Lord Chancellor does, however, have an express statutory duty to defend the independence of the judiciary, and all other ministers as well as those involved in the administration of justice must uphold that independence. The chief judges of each legal system (the Lord Chief Justice of ...