Judicial Independence under threat?

The president of the UK’s Supreme Court has given a warning that the way the court is funded threatens its independence. In a speech, Lord Phillips said the court was dependant on what it could persuade the Ministry of Justice to give “by way of contribution”. He also asserted “This is not a satisfactory situation for the Supreme Court of the United Kingdom. It is already leading to a tendency on the part of the Ministry of Justice to try to gain the Supreme Court as an outlying part of its empire.”

Lord Phillips speech is of clear value in terms of evaluated the role of the judiciary, looking at judicial activism and the old chestnut of how free is the judiciary from political interference.

The Press Association has exerpts from the speech and it is well worth a read. Click here! For reference the BBC has an excellent Q&A on the Supreme Court.

The Telegraph picks up on the issue in an article: Courts must be able to question minister decisions, senior judge warns: Lord Phillips, President of the Supreme Court, said it is the job of judges to ensure Government acts within the law and those who criticise that do not “understand the role of the judiciary”. He highlighted comments by Lord Howard, the former Tory leader, who last month said judges should be reluctant to question ministerial decisions because they are “unelected and unaccountable”. Lord Howard criticised the increasing willingness of courts to hear judicial reviews of government legislation or policy and said their power should be diminished. When he was Home Secretary, Charles Clarke also accused judges of being “utterly unaware of the implications of their decisions for our society”. But in a lecture in London last night, Lord Phillips said: “These statements evidence a failure to understand the role of the judiciary. “When we review administrative action we do not substitute our decisions for those of the executive. We check that the executive has acted in accordance with the law, as laid down by Parliament.” He said the independence of the judiciary was vital in upholding the rule of law.