The judiciary – superior and inferior judges — common mistakes

When discussing appointments, contrast the pre- and post-2005 systems. Explain why the JAC was created – to enhance judicial independence and public confidence by removing the perception of political influence.

For a top-level mark, you must explain the tension between independence and accountability. Independence is needed for impartial justice, but accountability is needed to maintain public confidence and ensure judges do not abuse their power. A good answer will explain how the system tries to balance these two principles.

No. The term 'inferior' is a technical legal term that refers to the court's position in the judicial hierarchy and its jurisdiction. Inferior judges are highly skilled and qualified legal professionals who handle over 95% of all legal cases in England and Wales. Their role is absolutely vital for the functioning of the justice system, even though they do not have the law-making powers of superior judges.

No, this is a common misconception. The power to create binding judicial precedent is reserved for the superior courts – primarily the Supreme Court and the Court of Appeal. The decisions of these courts must be followed by all lower courts. Inferior judges in the County Court and Crown Court do not create binding precedent; their constitutional role is to apply the existing law and the precedents set by the superior courts to the cases they hear.

No. This is precisely what judicial independence is designed to prevent. Judges have security of tenure, which means they cannot be removed from office because of political disagreement with their judgments. The removal process is deliberately difficult, especially for superior judges, who can only be removed by the Monarch after a vote in both Houses of Parliament. This ensures judges can make decisions based on the law without fear of political repercussions.

Judicial independence is about freedom from external control, allowing judges to make impartial decisions. Judicial accountability is about having mechanisms to hold judges responsible for their actions and conduct. The two concepts are in tension but are both necessary. Independence ensures justice is fair, while accountability ensures the public has confidence in the justice system.