JOURNAL ARTICLE

The Independence of the Judiciary and Some of Its Enemies.

  • Published In: University of Toronto Law Journal, 2023, v. 73. P. 140 1 of 2

  • Database: Academic Search Ultimate 2 of 2

Abstract

The article focuses on the independence of the judiciary in the United Kingdom, particularly in light of public and political reactions to the UK Supreme Court's decisions in the Miller and Cherry cases. It explores what judicial independence means—namely, that the judiciary is a separate branch of government free from political influence—and how it can be secured through security of tenure, adequate pay, sufficient resources, and a non-politicized appointment process. The article also discusses recent government criticisms and threats toward the judiciary, concerns about a shift in the Supreme Court’s decisions possibly reflecting executive preferences, and the importance of public understanding to preserve judicial independence. Ultimately, it emphasizes that an independent judiciary is essential to democratic governance and the rule of law, while acknowledging ongoing challenges in balancing judicial authority with democratic accountability.

Additional Information

  • Source:University of Toronto Law Journal. 2023/09, Vol. 73, p140
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0042-0220
  • DOI:10.3138/utlj-2023-0063
  • Accession Number:173008906
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