Supreme Court: Judicial Independence

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US Judicial Independence

The US Supreme Court is independent of the executive and the legislative branches of government. The separation of powers means that the Supreme Court is free from political interference when making its rulings.

Extent of US judicial independence

Supreme Court justices sit on the Supreme Court for life, which protects them from political pressure.
- Justices can only be removed from the Supreme Court by impeachment and conviction.
- Judicial independence enables the Supreme Court to check the power of the president and Congress, and rule against them.

Limits of US judicial independence 1

The appointment process is often politicised.
- The president will nominate judges whose political views and judicial philosophy are similar to their own, which influences the court's decisions on many issues.
- The Senate often votes to confirm a judge on party lines rather than on a candidate’s ability and competency for the role.

Limits of US judicial independence 2

There is political influence on Supreme Court cases from the executive.
- In 2012, President Obama said it would be “unprecedented” if the Supreme Court overruled the Affordable Care Act ahead of the National Federation of Independent Business v Sebelius case.

Political justices?

The US Supreme Court rules on important political issues relevant to the Democrats and Republicans.
- The 2000 Bush v Gore case decided the presidential election result in favour of George W. Bush.
- Campaign finance was ruled on in the 2014 McCutcheon v FEC case.

UK Judicial Independence

The UK judiciary is free from political pressure. The Constitutional Reform Act 2005 created the UK Supreme Court in 2009, removing the Law Lords from the House of Lords and strengthening separation between the judiciary and Parliament. It also reformed the role of the Lord Chancellor and established a more independent senior judiciary.

Extent of UK judicial independence

The principle of judicial neutrality means judges are politically neutral and do not engage in party politics.
Judicial appointments are made by the monarch on the advice of the Lord Chancellor following recommendation from the Judicial Appointments Commission.
Judges have security of tenure and cannot be removed due to their decisions, serving until the statutory retirement age of 75.
Courts follow the sub judice rule, limiting public commentary on ongoing cases.
- Supreme Court rulings are therefore protected from direct political interference.

Limits to UK judicial independence

Judges may comment on constitutional and legal principles in public lectures, but avoid political advocacy.
Government ministers have occasionally criticised judicial decisions, raising debate about separation of powers.
- In 2013 Theresa May criticised a Supreme Court ruling preventing deportation of foreign criminals.
Judicial review can be politically sensitive, especially in cases involving government policy.
- However, the Supreme Court regularly rules against government decisions, showing institutional independence.