Jump to ContentJump to Main Navigation
Accountability in the Contemporary Constitution$
Users without a subscription are not able to see the full content.

Nicholas Bamforth and Peter Leyland

Print publication date: 2013

Print ISBN-13: 9780199670024

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199670024.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 February 2021

Parliamentary Accountability and the Judicial System

Parliamentary Accountability and the Judicial System

(p.200) 9 Parliamentary Accountability and the Judicial System
Accountability in the Contemporary Constitution

Andrew Le Sueur

Oxford University Press

Orthodox constitutional thinking suggests that scrutiny of judicial decisions by parliamentarians would be inconsistent with judicial independence, and that ministers (in particular the Lord Chancellor) should be answerable to Parliament for operational aspects of the judicial system. Significant changes to the reach of judicial power into public policy (through judicial review, the Human Rights Act 1998 and European Union law) and radical restructuring of the basic constitutional architecture of the judicial system (by the Constitutional Reform Act 2005) call into question the suitability of the orthodox model of independence and accountability for the twenty-first century. Analysis of the parliamentary record demonstrates that parliamentarians can, and do, scrutinize a wide spectrum of decision-making by judges. The cordon sanitaire around judges has been lifted and more nuanced but still uncertain understandings of how to achieve parliamentary accountability while preserving judicial independence are emerging.

Keywords:   UKParliament, accountability, judicial decisions, judicial independence, ministers, judicial system, public policy, judges

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .