Judicial independence

Judges and tribunal members decide cases independently. Ministers, public authorities, administrators and platform operators must not determine or improperly influence judicial outcomes.

Rule of law

Ministers and public authorities must have regard to the need to uphold the rule of law. That duty does not permit them to determine the outcome of proceedings before a court or tribunal.

Institutional and decisional independence

Judicial independence includes both the institutional independence of the Judiciary and the independence of each judicial office-holder deciding an individual case. Appointment, discipline, deployment, remuneration, resources and administration must be handled in a way that protects that independence.

Chief Justice and Lord Chancellor

The Lord Chancellor has a special statutory responsibility for defending judicial independence. The Chief Justice represents the views of the Judiciary to Parliament and Government and is responsible for judicial welfare, training and guidance within the office’s jurisdiction. Neither office may direct a judge or tribunal member how to decide an individual case.

Digital systems

A platform role, technical permission, ownership right or moderation capability is not a source of judicial authority. Judicial authority comes from law and lawful appointment. Practical restrictions affecting access to a hearing or judicial record must be administered consistently with law, accessibility, open justice and judicial independence.