Judicial independence needs robust protection

In a recent speech, Dame Victoria Sharp, President of the King’s Bench Division, emphasised the critical importance of judicial independence, particularly in today's rapidly evolving environment. Reflecting on her experiences as an English judge, she recounted a memorable moment during a family trip to Brazil where local judges expressed excitement upon meeting her, illustrating the shared values within the judicial community. Sharp acknowledged the external pressures judges face, stating “the judicial path is certainly not one for those who want a quiet life or to be popular.”

Judges strive to make decisions based strictly on the law and evidence rather than public opinion or media narratives, a process that is crucial for maintaining the integrity of the legal system. Sharp cited Jeremy Bentham's assertion that “publicity is the very soul of justice,” underlining the necessity for transparency in judicial proceedings.

The importance of judicial independence has historical roots in English law, established by long-standing statutes such as the Act of Settlement 1701, which safeguards judges’ security of tenure. Sharp reminded her audience that “a free society exists only so long as it is governed by the rule of law.” The independence of judges ensures that they are not influenced by external parties, including government officials and the media.

However, the challenges posed by modern technology, especially artificial intelligence, raise new concerns regarding the future of judicial independence. Sharp warned of the risks associated with AI complicating the judiciary’s operations, emphasising the need for careful integration of technology within the justice system. She stated that while AI could enhance efficiency, “if AI tools used in courts are designed, procured, funded and evaluated primarily as instruments of efficiency, the risk is that the constitutional function of the judiciary will be subordinated to managerial objectives.”

Moreover, the speech highlighted the societal trend of increasing scrutiny and criticism of judicial decisions, often crossing the line into personal attacks. Sharp noted that while judges must be open to scrutiny, there is a significant distinction between constructive criticism and vilification which undermines public confidence. “There is an aspiration in the hearts of all men and women for the rule of law,” she said.

Looking ahead, Sharp called for a balance between judicial independence and accountability, working within a system that respects the necessity of a transparent judiciary. The future of judicial independence, she concluded, hinges on practical support, public understanding of its importance, and the ongoing commitment to uphold the rule of law without fear or favour.

Dame Victoria Sharp's address serves as a timely reminder of the need for vigilance in protecting judicial independence as a cornerstone of democracy and a fair legal system.