United Kingdom constitutional reform: recognition of judicial independence and an opportunity for institutional autonomy

[摘要] Recent UK constitutional reforms disclose an opportunity to recognise institutional autonomy as a means of enhancing the existing principle of judicial independence. This thesis explores the recent reforms and the impact they are having on the existing principle of judicial independence, with a view to recommending the notion of institutional autonomy as a means of further securing that independence. The rationale for further legislative protection and investigation of this constitutional principle is found within the requisites of the rule of law. The method for achieving a sufficient degree of institutional autonomy is a stricter adherence to the separation of powers doctrine. The notion of institutional autonomy is considered in detail and the various elements are outlined. These are then applied to the United Kingdom Supreme Court to assess the current degree of institutional autonomy and make recommendations for ensuring greater independence in accordance with the intentions of the Constitutional Reform Act 2005.

[发布机构] University:University of Birmingham;Department:Birmingham Law School

[关键词] K Law;K Law (General)