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The politics of judicial independence in the UK's changing constitution

Gee, G; Hazell, R; Malleson, K; O'brien, P; (2015) The politics of judicial independence in the UK's changing constitution. [Book]. Cambridge University Press: Cambridge, UK. Green open access

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Abstract

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

Type: Book
Title: The politics of judicial independence in the UK's changing constitution
ISBN-13: 9781107066953
Open access status: An open access version is available from UCL Discovery
DOI: 10.1017/CBO9781107589223
Publisher version: https://doi.org/10.1017/CBO9781107589223
Language: English
Additional information: CHAPTER 10 This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science
URI: https://discovery.ucl.ac.uk/id/eprint/10142459
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