Should judges face formal disciplinary action for repeated disregard of statute or binding precedent?
UK judges can face disciplinary sanctions through the Judicial Conduct Investigations Office for misconduct such as repeated delays, rudeness or bullying, with 89 sanctions issued in 2024-25. Complaints about the substance of judicial decisions or case management, including legal errors or interpretations of statute and precedent, are generally not investigated as misconduct and are instead resolved through the appeals process. This framework aims to balance accountability with judicial independence under the Constitutional Reform Act 2005.
14 Opinions
Judicial independence is a fundamental part of a functioning democracy. Allowing lawmakers to punish judges for going against them is the slipperiest of slippery slopes that pushes us towards legislative tyranny.
"Misconduct" implies the judge has been subjective, political or incompetent. I don't think we can say that's true of the system as a whole. With some women's rights or free speech issues, it can look like the process is the punishment and it's tough to ask the claimant to bear the cost of an appeal rather than the judge be swiftly over ruled. But the current system does get there eventually.
There is an appeals process for such judgements. It takes too long but it already exists. Judges must be able to come to a decision without fear that they might be sanctioned.
Like most ills in this country this goes back to Blair. His government has set many time bombs in the UK Constitution & one was control of the Judges. The only thing Judfes should have is a profound respect for the law, independence, above average intelligence curiosity & diversity of opinion. In effect if candidates do not sign up to ‘diversity’ in all its perverse ways, anti racism whatever that means & buy into left wing thought, the Judiciary is not for you. Corrupt!
Judges should always be held accountable they too are not above judgement. Hopefully this would improve judges behaviour and rulings
We should bring back parliamentary oversight of the judiciary. Individual legal rulings are a matter for courts, but the sovereign parliament and accountable politicians should be involved in hiring, promoting, demoting, and firing judges.
Leftist Judges and solicitors are a huge problem
Judges need reasonable discretion but public confidence in the judiciary matters. There should be stronger accountability where judges repeatedly disregard clear legislation or binding precedent.
It is essential to have an independent judiciary. Interpretations of the law may vary, so there is a robust appeals process. If outcomes don't match what we want to happen, we need to look at the drafting of the relevant laws themselves.
The entire point of having courts separate from the state is so judges can interpret complex statutes. Politicising judicial oversight will intimidate courts and weaken the rule of law.