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25 October 2007
Issue: 7294 / Categories: Legal News , Profession
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Judges dig in to defend their position

News

Judicial accountability has to be balanced against the need for an independent and impartial judiciary, judges claim.

In their response to a House of Lords’ Select Committee report on relations between the executive, the judiciary and Parliament, judges say that recent constitutional changes, including the removal of the lord chief justice as head of the judiciary, have led to a new interest in their accountability.

The judges describe how individual judges are accountable to the public because “in general their decisions are in public and are discussed, often critically, in the media and by interest groups and sections of the public affected by them”. They add that the judiciary is similarly “institutionally accountable” in respect of first instance and appellate decisions.

The response makes clear that neither individual judges nor the judiciary are (nor should be) accountable to the executive branch of the state as this would be inimical to judicial independence. Judges say they regard this independence as a “necessary requirement” for the discharge of their core responsibility to resolve disputes fairly and impartially.

The response emphasised that individual judges should not be asked to give media briefings and that judges and magistrates should not appear routinely before select committees for fear of stepping beyond the proper boundary between the judiciary and Parliament.

Issue: 7294 / Categories: Legal News , Profession
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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