The Independence of the Judiciary and Some of Its Enemies

Abstract

The public response to the UK Supreme Court’s decisions in Miller and Cherry invites reflection on the independence of the judiciary. Three questions are pertinent: what do we mean by the independence of the judiciary; how do we secure it; and why should we secure it? At its most basic level, the independence of the judiciary means that the justice system is a separate and independent branch of government. Securing it requires security of tenure and sufficient pay for judges, sufficient resources for the justice system to function properly, and an appointment process that is not unduly politicized. The independence of the judiciary is valuable as a necessary component of democratic government. One of the greatest enemies of the independence of our judiciary is the sheer lack of knowledge – among politicians, the media, and the general public – about the justice system. This makes public education an imperative if we are to preserve it.