Law Teacher - The Law Essay Professionals
  • A-Level Law Coursework
  • GCSE Law Coursework
  • Essay Service Page
  • Essay Order Page
  • Essay Order Page
  • Free Bibliography
Chat Assistance
Live Chat
You are here: Homepage » Articles » 0504

Lord Chancellor's Department
Press Notice
20 April 1999

 

JUDGES ON THRESHOLD OF ENHANCED ROLE


"The Human Rights Act will form a catalyst that will further fuel the ongoing development of the constitutional function of British courts. It will concentrate attention, more than ever before, on the judiciary's role as the guardian of individuals' rights; this, in turn, will further strengthen the constitutional basis on which the courts approach the interpretative process."

This formed part of the Paul Sieghart memorial lecture, delivered by the Lord Chancellor, Lord Irvine on the increasing constitutional role of judges and courts in interpreting legislation.

The Lord Chancellor underlined and defended the unique constitutional position of judges; independent of Government, but helping to shape the law.

"Judicial independence is a fundamental article of Britain's unwritten constitution. It is a critical aspect of the doctrine of separation of powers. In their own sphere the judges are independent, free of executive influence or control.

"There is no higher duty of the office I occupy than to ensure from within Government that judicial independence is both respected and maintained absolutely. And, as you know, under our arrangements, the fulfillment of that duty is strengthened and supported by my separate, but related, roles as Cabinet Minister and Head of the Judiciary.

"So, Judges are independent of Government, with an absolute power over the decisions within their own courts, which can only be overturned by the equally absolute decisions of senior judges in higher courts. In return, the trust we place in our judiciary is that they will carry out their duties impartially. Judicial impartiality, which I would define as the absolute recognition and application by judges of an obligation of fidelity to law, is the quid pro quo from the judiciary for the guarantee from the state of their judicial independence in their distinct sphere within the separation of powers.

"But just as judicial impartiality is the other side of the coin of judicial independence, so open justice as witnessed by an attentive media is a strong spur to judicial impartiality in practice. And each element in this trinity is especially highlighted in a period in which the importance of public law adjudication in the United Kingdom

The Lord Chancellor stressed that the constitutional process taking place in the United Kingdom is being mirrored around the world, and in his lecture touched on judicial experiences in Canada, Hong Kong, New Zealand and South Africa. Referring to the domestic picture, he said "It is the task of translating the text of the European Convention on Human Rights into principles of domestic law upon which British courts will soon embark. This will also take centre stage when our courts begin to exercise a more substantive public law jurisdiction as the new millennium dawns."

The Lord Chancellor considered that the judiciary in determining their new role, would build on their experiences of the judicial review process, under which the actions and powers of Government and its bodies are challenged in the courts.

"The expansion of judicial review must be understood within a broader constitutional setting. The explosion of regulatory power and the consequent decline in Parliament's capacity to provide a satisfactory check on the executive led to a reconceptualisation of the judicial role. The courts are now regarded as an integral and central part of a broader constitutional mechanism which secures responsible government."

However, while the courts will play an increasing role in interpreting legislation, the Lord Chancellor stressed that the Human Rights Act did not "confer on the courts a licence to rewrite existing law. That is a task for Parliament and the executive."

The Lord Chancellor concluded that in his experience the courts had demonstrated their tact and skill in balancing their judicial and constitutional roles.

"In their development of public law to date, courts have demonstrated a healthy understanding both of their role and of its limits. The task which they will shortly face, as they begin to apply a set of written constitutional rights, is a difficult one; yet it is, without any doubt, one that is well worth undertaking, and to which - I am confident - our judges will rise with characteristic pragmatism and sound judgment."



Get A Free Essay Quote Order Your Custom Essay





Do you need to translate this page?

To translate this page into another language, please select the correct language from the box below.




Subscribe below and get new essay/resource uploads direct to your inbox

Enter your email address below and receive an RSS email update when we upload new content.

Delivered by FeedBurner

(Please remember to verify your subscription when you get the
confirmation email from Feedburner.)




LOOKING FOR SPECIFIC HELP? We can help you in many law areas!

Did you know that we also provide a service that can help you in other law areas such as:

Want to see what our customers say about us? Click here to watch our video.

Want to become a writer for Law Teacher and earn up to £4,000 per month? Click here now!

Secure your law degree, order your custom law essay right now!

Order Now. It takes less than 2 minutes.

  1.  
  2.  
  3.  
  1.  
Get your grade - guaranteed