Examkin

Question

Difficulty: HardThe Judiciary and the Jury System

The independence of the judiciary is a fundamental principle of the British constitution, ensuring that the law is applied without interference from the government. Which of the following describes the specific legal mechanism that protects senior judges from being removed by the government?

  1. Senior judges can only be removed from office by the Monarch following a formal address passed by both Houses of Parliament.Answer
  2. B
    The Prime Minister has the authority to dismiss any judge whose rulings are deemed to be in direct conflict with government policy.
  3. C
    A senior judge can be removed from their position by a simple majority vote in the House of Commons alone.
  4. D
    The Monarch, acting as the 'fountain of justice,' can independently dismiss any judge at any time without parliamentary consent.

Answer

Senior judges can only be removed from office by the Monarch following a formal address passed by both Houses of Parliament.
The correct answer accurately states that senior judges in the UK enjoy security of tenure. This means they cannot be removed by the government; they can only be dismissed by the Monarch if a formal address (a request) is passed by both the House of Commons and the House of Lords.

Step-by-Step Solution

1
Identify the core principle being tested.
The concept of judicial independence, which prevents the government from interfering with or punishing judges for their decisions.
Understanding the separation of powers is essential to identifying how the judiciary is protected from the executive.
2
Recall the specific constitutional procedure for removing a senior judge.
Senior judges have security of tenure and can only be dismissed through a joint act of the Sovereign and both Houses of Parliament.
This requirement ensures that no single branch of government can arbitrarily remove a judge.
3
Evaluate the options based on the involvement of both Parliament and the Monarch.
The requirement for an 'address from both Houses' is the correct procedural detail.
This specific check and balance is a key factual requirement in the Life in the UK handbook.

Key Concept

Judicial Independence and Security of Tenure
Estimated Time:1m 30s
Rate this question

Topics

The Judiciary and the Jury System

More questions from this topic