How do judges comment extrajudicially after the Constitutional Reform Act 2005?

K Law > KD England and Wales

Chaudhrey, Waheed Ahmed ; Gee, Graham,Boyron, Sophie

University:University of Birmingham

Department:Birmingham Law School

关键词: K Law;    KD England and Wales;   

Others  :  http://etheses.bham.ac.uk//id/eprint/5822/1/Chaudhrey15MJur.pdf

来源: University of Birmingham eTheses Repository

【 摘 要 】

The Constitutional Reform Act 2005 (CRA) has altered the channels of communication between the judiciary and the political class. This thesis investigates the changing role of the senior judiciary in England and Wales in making extrajudicial comments. The underlying theme in this thesis is how approaches to, and judicial self-regulation of, extrajudicial comment and judicial communication centres on the core principles of the separation of powers and judicial independence. In particular, the thesis focuses on speeches and oral evidence to Parliament, as increasingly important forms of judicial-political communication after the CRA, and the post-CRA guidance to judges to consider when communicating via these means.The thesis argues that, in order to assess the channels of communication, we must know: firstly, what things are being communicated between judges and politicians; and secondly, a set of criteria to assess the use of existing means to communicate these things. This thesis assesses the current channels of communication, and concludes that they are deficient, and a poor replacement for the pre-2005 state of affairs. To answer this deficiency, the thesis concludes by exploring the reforms currently being discussed in Parliament, and argues for a new process for triggering judicial appearances before Parliamentary committees.