The Foundations of Justice

Abstract

Everybody agrees that the constitutional principle of judicial independence is important. In relation to the core judicial functions of hearing cases and writing judgments, the meaning and application of the principle is fairly straightforward: politicians, parliamentarians, and officials must refrain from interfering with judicial decision-making in individual cases. But hearing and judgments do not “just happen”; they have to be facilitated by a wide array of institutions and processes (the justice infrastructure), covering matters as diverse as court buildings, litigation procedures, judicial careers, and legal aid. The day-to-day running of this infrastructure, along with its periodic reshaping, presents numerous and complex challenges for a legal system intent on respecting judicial independence and facilitating access to justice.

Keywords: judicial independence, administration of justice, English legal system