What are the limits of judicial independence?

The expansion of judicial power has gone hand-in-hand with a greater emphasis on judicial independence. The more that judges hold those who exercise political power to account, the greater the emphasis placed on ensuring that judges are equipped—individually and institutionally—to resolve politically sensitive disputes impartially, according to law and free from improper pressure. But there is a risk that the notion of judicial independence will become inflated, squeezing out for example legitimate political criticism of judicial decisions. This seminar explored the definition and proper limits of judicial independence.

This panel discussion was chaired by Kate Malleson, Professor of Law, Queen Mary University of London, and featured the Rt Hon Lord Falconer of Thoroton PC QC, former Lord Chancellor and Secretary of State for Justice, Professor Graham Gee, University of Sheffield and Policy Exchange’s Judicial Power Project, the Hon Dyson Heydon AC QC, former Justice of the High Court of Australia, and the Rt Hon Lord Thomas of Cwmgiedd PC QC, former Lord Chief Justice of England and Wales.