Why don’t we have political control of judges?

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25 November
16:08
November
2016

One thing we should be proud of in our constitution is the separation of power between the state and the judiciary. 

The judiciary, just like the House of Lords, acts as a check against the powers of the state. It’s something we can be proud of, especially as we’re witnessing the creation of Donald Trump’s government in the US and the election of judges who meet his approval because of their political or financial leanings. 

"The fact that the judiciary can scrutinise parliament and scrutinise legislation is something that should help us all feel that we live in a much safer country during these very worrying times."

We’ve seen great recent examples of the independence of the judiciary with the overruling of the bedroom tax and the Brexit decision. Whether you approve of those decisions or not, history has taught us that when the executive has control of the judiciary the justice system is no longer independent and has the potential to give way to tyranny. 

Whilst we often find the notion of the Crown archaic the fact that the courts are run in the name of The Queen gives her judges an overriding power over the courts. The fact that the judiciary can scrutinise parliament and scrutinise legislation is something that should help us all feel that we live in a much safer country during these very worrying times.

www.bsbsolicitors.co.uk

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